A family could be left "homeless by Christmas" after being ordered to demolish their own home by the courts. Stephanie Rolfe and Stuart Macdonald say they are 'facing financial ruin' after being told that they will have to cover the £60,000 cost of bulldozing the building.
After a four-year dispute over the timber structure, which was built to replace a garage on the same site, thy have been given less than two months to "dismantle" the extension. The couple, who live with their two young children in a quiet cul-de-sac in Solihull, Warwickshire, say they constructed the moveable home under caravan legislation.
Their home sits on a plinth, and has been rendered to fit in with the style of the surrounding homes. "We had an honest held belief it was lawful", Stephanie and Stuart told Birmingham Live.
However, the local 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.
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" in a cost of living crisis.
"We will be homeless by Christmas" Stuart said. "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.
How did the row start?
In 2018, looking for an affordable way to live near Stuart's mother, the family got retrospective planning permission to convert his mum's detached garage to a single two-storey dwelling. Solihull planning officers stated no objections to the the development, only asking for a revised drainage scheme.
Once provided, the planning document stated "the scheme shall be implemented and managed in accordance with the approved details." However, due to the cost of building with bricks and mortar, Stephanie and Stuart opted to use a local company to construct a mobile home instead.
Stephanie explained: "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.
"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."
She added: "We've offered to make affordable changes that will allow us to keep our home."
What have neighbours and councillors said?
Birmingham Live spoke to residents on Stephanie and Stuart's cul-de-sac. Living opposite John Orgill told us: "I've got no issue, I'm only too glad there's housing and people in the houses. Why not use the space?" Mr Orgill, who has lived in the cul-de-sac since 1972, added: "It almost classes as a caravan as it's movable. If anything, I should be the one complaining, but why? It's a young family."
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."
Shirley East councillor and leader of Solihull Green Party, Max McLoughlin told Birmingham Live : “As councillors we’re used to representing residents opposing new housing. But this hasn’t happened here.
Over all the years this has dragged on, I’ve not had a complaint, and I’ve knocked on neighbours doors to ask specifically if it’s a problem. The typical response is ‘it doesn’t bother me’. We’re in the middle of a cost of living crisis, there’s been a housing crisis since before I was even a councillor, and we’re heading into a winter where people don’t know how they’re going to stay warm and survive.
"To think that the council would not only demolish a family’s home now, but charge them for it, feels abhorrent. The home does nobody harm, so why do harm in getting rid of it?”
Council response
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.
"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."
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