A bungalow in Monmouthshire that was ordered to be demolished 11 years ago is still standing, and the council is now powerless to act due to the passage of time.
Cefn Henllan Bungalow in Llanhennock, north of Caerleon, was supposed to be demolished in line with planning conditions in 2015, when permission was granted for a replacement house about 350 yards away.
Planning condition ignored
The planning permission, granted in September 2014, included a condition stating: "The existing dwelling shall be demolished no later than two months after the first occupation of the replacement dwelling and the site shall be cleared of all debris and reinstated."
This meant the bungalow at Top Road should have been demolished by July 18, 2015. However, while the new house was built and occupied by Oliver Hazell since May 2015, the original bungalow has remained standing and in use as a main residence.
Council too late to act
When the council discovered the bungalow was still there, it attempted to issue a fine to owner Mark Hazell for breach of planning permission in February this year. But it was too late.
The case was dropped in March when it was established that the time limit for enforcement action had long passed. The council confirmed to Mr Hazell that the issue was immune from enforcement, but suggested he apply for a certificate of lawful development for the "existing use of the building as a dwelling".
That application was approved after Mr Hazell demonstrated that the bungalow had not been demolished and had been in continuous use as a main residence for at least 10 years.
Certificate issued
An aerial photograph of the bungalow was supplied, and planning officer Kate Young said there was no contrary evidence, so the certificate was issued.
