We are being forced to bulldoze our own home as the council doesn’t like it – we even have to foot the £60k bill
A DESPERATE family say they could be “homeless by Christmas” after being told by the local council to demolish their own home – which would cost them £60,000.
Stephanie Rolfe and Stuart Macdonald have been told to foot the estimated enormous bill to bulldoze their mobile home in Solihull – leaving them facing “financial ruin.”
Solihull Council have said the home has a “harmful effect on the character and appearance of the area” and have pressed forward with the demolition order, despite neighbours writing in support of the family of four.
And after a four year saga, the family have now been given 56 days to “dismantle” the moveable house – which replaced a garage previously built on the same site.
The couple, who have two young children, said they built the home under caravan legislation.
They insist they believed their actions were lawful.
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Stephanie and Stuart, who have children Freddie, five, and Mollie, two, said the decision could leave them “paying a mortgage on a home they no longer have” amid a cost of living crisis.
Stuart told Birmingham Live: “We will be homeless by Christmas.
“Our son is disabled and has a helper in the local school, there’s no way we can get a house near here.”
Stephanie, 41, and Stuart, 34 have been paying rates and council tax on the property. Solihull Council said they “recognise the disappointment” the recent court decision will cause and are committed to supporting the family.
In 2018 the family had been looking for an affordable way to live near Stuart’s mother, so they got retrospective planning permission to convert his mum’s detached garage to a single two-storey dwelling.
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Solihull planning officers stated no objections to the development, only asking for a revised drainage scheme.
However, due to the cost of building with bricks and mortar, Stephanie and Stuart changed plans opted to use a local company to construct a mobile home instead.
Stephanie said: “We found a company that construct homes under caravan legislation and therefore not requiring planning permission, so in February 2018 I contacted Solihull Council to notify them, this is what our intentions are, and they didn’t reply, although I’d offered them the chance to respond to that.
“We started the building in June, around six months later, and then we had a letter saying we were possibly breaching planning regulations.”
They applied for a lawful building development certificate as an assurance but that was rejected by Solihull Council planning department.
Stephanie claims they didn’t hear from the council for two months. The couple lost their appeal, and were served a court order to demolish the home.
She said: “We’ve tried to mediate with the council on this to say we’re going to be made homeless, we’ve got two young children, aged 2 and 4. We’d be financially ruined, we still owe money borrowed for the mobile home, and demolition costs of about £60,000.
“We’ve offered to make affordable changes that will allow us to keep our home.”
PLANNING WOES
Neighbours in the area were generally supportive of the couple.
John Orgill said: “I’ve got no issue, I’m only too glad there’s housing and people in the houses. Why not use the space?”
A few doors down, John Tranter, resident of 46 years, said: “I thought when they put it up it was tasteful. They used to have a bloody great big garage there, I’m devastated for them, and supportive of them keeping it.”
A Solihull Council spokesperson said: “The applicant began to build the structure without planning permission in early 2018. They were informed in June 2018 that the works were unauthorised, and subsequently applied for a Certificate of Lawful Development, but this was refused and enforcement action commenced a month later, as required by law.
“The enforcement notice was appealed and once again was refused, this time by the Planning Inspectorate. Due to the Covid pandemic, the applicant was given more time to comply with the enforcement notice.
“The Council worked with the family for over four years to respond to enquiries and resolve the planning matter openly and fairly, however they chose not to.
“The Council therefore had to consider escalating the matter through the courts. All actions were undertaken in accordance with national planning legislation and guidance and have been verified though the national Planning Inspectorate at appeal.
“We fully recognise the difficult outcome of the recent High Court hearing, where the court issued a High Court Order granting the injunction and requiring compliance by 14 November 2022.
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“As the Local Planning Authority, we have worked with the family for over 4 years to respond to enquiries and consider planning based applications openly and fairly, with a view to finding a fair and equitable solution.
“We recognise the disappointment that the recent court decision will cause and are committed to supporting the family as best we can through our housing and social service functions.”
