Pensioner Fights Demolition of Home Using Human Rights Law

Peter Dick constructed the red-brick bungalow on his property in West Parley, Dorset, in 2010 without obtaining planning permission. His application for retrospective consent was denied two years later.

Despite being served with a legal order to demolish the property, Mr. Dick refused to comply.

In 2019, a second enforcement notice was issued, which he also ignored. By 2021, the Bournemouth, Christchurch, and Poole Council took legal action against him under the 1990 Town and Country Planning Act.

Mr. Dick was convicted and fined £7,500, with additional costs of £3,269. It remains unclear whether these fines have been paid, but three years later, the bungalow still stands.

Mr. Dick and his wife continue to reside in the bungalow, which they have fortified with an 8ft-high padlocked gate and barbed wire. The property is located within 1,300 feet of a protected heathland, a special conservation area, and a site of special scientific interest (SSSI).

Appearing before magistrates in Poole, Mr. Dick pleaded not guilty to breaching the enforcement notice. He argued that the notice was improperly served in 2012 and claimed that the property should be protected under the European Convention on Human Rights, citing his right to a private life and home.

He also asserted his right not to be treated in an inhumane or degrading manner.

The council countered that it had successfully relied on the 2012 enforcement notice in its previous cases against Mr. Dick. At an earlier court hearing, Mr. Dick explained that he built the house to accommodate his disabled wife, who suffers from muscular dystrophy. "The layout of the house is designed for her," he stated.

In addition to the bungalow, Mr. Dick's land includes a steel-clad industrial warehouse that was converted into residential use in 2003 and later declared lawful. The couple lived there until the bungalow was constructed without permission. Last year, Mr. Dick applied to demolish the steel structure and replace it with a brick-built home, but the application was rejected as inappropriate development that would harm the green belt. He is currently appealing this decision, with a planning inspector expected to make a ruling soon.

A spokesman for nearby Hurn parish council suggested that Mr. Dick's recent application was merely a "tactic to delay the demolition" of the bungalow and argued that it should not be considered until the enforcement order is complied with. "There is a long history of illegal construction on this site, which is within the green belt and within 400 meters of an SSSI," the spokesman added.

The council declined to comment on the ongoing case. The matter is set to return to Poole magistrates' court for trial in November.

Affinity Seven Law

Rochdale