A family who have been ordered to demolish their home before Christmas are hoping a Human Rights Act ruling could save their house.
Stephanie Rolfe and Stuart MacDonald, who have two children, had been given fewer than 50 days to “dismantle” their moveable house because it was ruled that they did not have the correct planning permission to replace a garage on the same site.
However, after meeting with Solihull MP Julian Knight on Wednesday, the couple hope they can avoid “homelessness by Christmas”.
Conservative MP Knight has written to the High Court after a “very productive meeting” with the couple to ask for an immediate investigation into whether the court case against them complied with the Human Rights Act.
Knight also asked for the demolition order to be suspended while the investigation takes place, BirminghamLive reports.
Solihull Council previously said it "recognises the disappointment" the court decision will cause, and is committed to supporting the family.
Mr Knight's office invited a council enforcement officer to the meeting, but said a representative was not sent.
Speaking to BirminghamLive following his meeting with Stephanie and Stuart, Mr Knight said: “My research and constituency team had a very productive meeting today with Mr MacDonald and Ms Rolfe.
“Upon looking into this case further, I believe that questions need raising about whether the hearing actually complied with Article Six of the Human Rights Act 1998.
"In light of this, I have today written personally to the High Court of Justice, Kings Bench Division, to request an immediate investigation and that the order issued against Mr MacDonald and Ms Rolfe be temporarily suspended pending the outcome of this investigation."
The couple from Shirley said they built the home under caravan legislation, which does not require planning permission.
"We had an honest held belief it was lawful," Stephanie and Stuart told BirminghamLive.
"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."
The couple lost a court appeal and were served a court order to demolish the home.
The family say the decision will leave them footing an estimated £60,000 demolition bill.
They have said that they are prepared to make the changes needed so they can keep their home.
A Solihull Council spokesperson said previously: "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.”
