3 guilty of ‘dream residence’ rules breach

UNAPPROVED EXTENSION LANDS OWNER AND RESIDENTS IN COURT

THE owner of a large farmhouse and the couple who live there have been found guilty of breaching a Gwynedd Council enforcement notice.

Andrew Battye, 51, of Corby Street, Huddersfield, owns Bryn Llys at Nebo near Penygroes, Gwynedd and had allowed Jonathon Duggan, 39, and his wife Emma, 37, to build a large extension to the property. But Gwynedd Council planning officials alleged they had divided the property into two residential units in contravention of the Town and Country Planning Act 1990.

The three denied the offence and stood trial at Llandudno Magistrates

Court. After a two-day hearing District Judge Andrew Shaw said he was satisfied council officials had proved their case and found all three guilty.

He said: “The farmhouse was still being used as a dwelling house, notwithstanding it lacked some amenities and there was a breach of the enforcement notice.”

Jonathon Duggan was handed a 12-month conditional discharge, with his wife’s lasting six months and Andrew Battye for nine months.

The judge added Mr Battye, who owned the building and continues to pay the mortgage, had “lost interest in the property and washed his hands of his responsibilities.”

Emma Duggan, a mum of six children, had argued she had played little or no part in the redevelopment of the property but the judge said she was not without responsibility or control and was also guilty.

Her husband had chosen not to engage with planning officials when they inspected the property in June 2018 and had delegated an architect to speak on his behalf.

“The outcome may have been different if he had been present at the time of the inspection,” the judge noted.

During the trial the court heard Mr Battye had bought the property as a

“dream residence” and planned to live there with his partner.

But that relationship ended and the Duggans moved in in 2014.

Recognising its potential they successfully applied for planning permission to build a twostorey extension to the property.

The judge was told they fell on hard times financially and decided to let the extension to holidaymakers.

They moved in to a temporary structure on the site but council officials believed they also used the farmhouse.

During an inspection in June 2018, the officials found personal items in the building as well as several pets. In the kitchen there were various electrical items and food was found in a fridge.

They served an enforcement notice in August 2018 and when the activity carried on in breach of that notice, the council went a step further and issued a summons in March last year.

The Duggans argued there was no running water, sanitation or heating and they had no room for all their items in the temporary structure.

The judge ordered the Duggans and Mr Battye to pay £480 each towards the council’s costs and a Victim Surcharge of £20 each.