A father from Cheshire has been sentenced to 12 months in prison after steadfastly refusing to demolish two family homes he constructed on his land without obtaining the necessary planning permission. This case marks the culmination of a protracted ten-year dispute between the homeowner and local authorities.
A Decade-Long Planning Dispute
Michael Merrill, aged 53, erected two wooden-clad properties on a site known as 'Six Acres' in the Wirswall area of Cheshire. One dwelling was intended for his immediate family, while the other was built to accommodate his in-laws. Additionally, a viewing platform was constructed on the premises, all situated within the picturesque rolling countryside.
The development proceeded without securing planning consent from Cheshire East Council. Following numerous complaints from local residents, the council issued a formal enforcement notice against Merrill in 2014. This notice explicitly stated that the buildings were located 'all in open countryside and without planning permission'.
Legal Proceedings and Court Rulings
Despite the enforcement notice, Merrill continued to occupy and defend the properties. He argued that he possessed a right to 'live on the land' and contended that the Town and Country Planning Act did not apply to him and his wife. This defence was presented during a hearing at the High Court in Manchester in 2024.
The presiding judge rejected Merrill's arguments outright. The court ordered him to demolish the unauthorised structures within one year and imposed a 12-month prison sentence, suspended on the condition of compliance. Furthermore, the judge awarded costs to Cheshire East Council totalling £16,917, in addition to approximately £21,000 from prior legal hearings.
Contempt of Court and Imprisonment
When Merrill persistently refused to adhere to the court's demolition order, he was found in contempt of court. Consequently, in May of last year, the suspended sentence was activated, and he was jailed for the full 12-month term.
Councillor David Jefferay, chair of Cheshire East Council's environment and communities committee, commented on the severity of the outcome. 'Prison is the ultimate sanction which can be handed down by a court in matters concerning unauthorised development,' he stated. 'They are not proceedings which are taken lightly by the council.'
Council's Stance on Planning Enforcement
Councillor Jefferay elaborated on the council's position, explaining that legal action becomes necessary when flagrant breaches of planning control persist. 'However, where there exists a continuing flagrant breach of planning control and where a landowner continues to carry out further unauthorised development, despite an injunction being in place, there is little option left to us,' he said.
The councillor also emphasised that Merrill's imprisonment does not absolve him of his obligations. 'Irrespective of the landowner serving time in prison, he is still required to comply with the requirements of the injunction - and these remain outstanding,' Jefferay added. This indicates that Merrill could face further legal consequences, including potential additional prison time, if he continues to defy the demolition order upon his release.
This case underscores the significant legal and personal risks associated with undertaking property development without the requisite planning permissions, highlighting the rigorous enforcement measures councils are prepared to employ in defence of local planning regulations.
