When an Englishman’s castle may not remain his home …

Paul Brown QC has successfully defended the decision of the planning inspector on an appeal by Mr Fidler against an enforcement notice, issued by Reigate and Banstead Borough Council, which required the Surrey farmer to demolish a mock castle.

The construction of the mock castle had been deliberately concealed behind a wall of straw bales: Fidler v. Secretary of State [2010] EWHC143. Mr Fidler built the house in 2002, and secretly lived in it with his family for four years until August 2006 when, believing it was immune from enforcement, he removed the straw bales. Applying the principles laid down by the House of Lords in Sager, the inspector upheld the enforcement notice on the basis that, since the straw bales had only been erected to conceal the development, their presence was part of the construction works; and accordingly that the “building operations” were not substantially complete until the bales had been removed. In the High Court, Sir Thayne Forbes upheld that decision, concluding not only that it was lawful, but that it was “plainly right”.

Mr Brown was instructed by the Treasury Solicitor on behalf of the Secretary of State.