Homeowner loses appeal after claiming human rights violation

Twm Owen, local democracy reporter

A homeowner extended their garden along a riverbank and replaced a gate providing access to flood defences with a wall.

Alex Dawson appealed after being refused retrospective planning permission for the work and claimed a violation of his human rights when he was served with an enforcement notice.

That required the removal of the wall and for him to lower the level of the built up ground and return it to its original condition and no longer use the area as part of the garden.

Planning inspector Richard Jenkins sided with Monmouthshire County Council and said it was right to refuse planning permission for the works, that had already been completed, and issue the enforcement notice.

Justified

Mr Jenkins said, in a written decision: “I am satisfied that the refusal of planning permission would be justified and in pursuit of a legitimate planning aim, namely in the interest of exacerbating flood risks. Indeed, I am satisfied that the decision to refuse planning permission is both reasonable and proportionate and that it is, therefore, justified in light of the available evidence.”

The council had, in April last year, refused an application for planning permission for a proposed first floor extension to the existing garage located to the side of Mr Dawson’s home, at Monnow Keep in Monmouth while the application also sought retrospective permission for the part of the riverbank to be used as a garden and to keep the wall and fence.

In May the council then issued an enforcement notice requiring the land along the bank of the river Monnow be restored and the wall and a fence removed. Mr Dawson appealed both the enforcement notice and refusal to grant planning permission to Planning and Environment Decisions Wales (PEDW).

Access

He disputed access was required by environmental body Natural Resources Wales and said there were alternatives nearby and the land is in his private ownership.

Mr Dawson said restoring access would be an intrusion into his human right to protection and enjoyment of property and cause a “significant risk” of anti-social behaviour which he said was one of the key reasons he’d replaced the gate with a wall and fence.

Details of a meeting, before work started, to discuss the proposals with Natural Resources Wales were also provided to the inspector and Mr Dawson also outlined his complaint Monmouthshire council hadn’t responded to his request for information before starting the work.

Inspector Mr Jenkins said concern about anti-social behaviour didn’t meet exceptions in Welsh planning policy to overturn restrictions on developments in flood risk areas and also said the work carried out could make flooding worse.

No flood risk consequence report had been provided and Mr Jeknins said: “Raising of ground levels and the use of retaining walls alongside a riverbank clearly has potential to displace water during a flooding event and thus increase the risk of flooding off-site.”

The inspector also said he couldn’t determine the dispute over ownership and rights of access but said he wasn’t “convinced” the council’s notice required public access be reinstated.

Monmouthshire council’s May planning committee was told a notice will be issued requiring the land is restored to its former condition.