A man who built a timber cabin on his six-acre site without planning permission has been reprimanded by a crown court judge for his ‘defiance’ in refusing to comply with his local planning authority.
“I can’t avoid the conclusion that I’m dealing with a defiant defendant who, at times, was being awkward and refused to comply with the planning regime,” commented District Judge David Harris as he sentenced Kevin Walker at Swansea Crown Court this week.
The court heard that in December 2016, Walker bought a six-acre plot of agricultural land at Gellidewi Isaf, Cwmann, near Lampeter for £17,000.
Some of the land was usable while the remainder was fenced off as marshland.
Walker then spent all of his savings constructing a timber cabin, despite not having applied to Carmarthenshire County Council for planning permission relating to residential accommodation. His electricity was sourced by solar panels while his water was obtained from rainwater.
A recent valuation of the land carried out by the local authority states that the site is currently worth approximately £48,000.
“Carmarthenshire County Council became aware of the property in early 2018,” said barrister Lee Reynolds, KC, prosecuting on behalf of Carmarthenshire County Council.
“On February 12 a planning contravention notice was sent to him, requesting that he provided the local authority with information about the land but the following month he wrote back, saying he didn’t understand the documents he had received.
“The local authority proposed to meet him to explain the breach of the planning regulation but he didn’t act upon this.”
In July 2018 Walker once again wrote to the council, stating that he didn’t understand what was going on. He received a detailed letter advising him to seek legal advice and was granted 21 days to respond. He was also warned that a failure to comply would result in a criminal prosecution.
Yet despite his failure to respond, Carmarthenshire County Council gave him a second chance. In 2019, a second contravention notice was sent out to him however Walker responded by telling the council, ‘The land is mine and I believe I’m doing nothing wrong.’
“This was a defiant letter,” commented District Judge David Harris.
As a result, an enforcement notice was served, requiring him to cease living in his property, remove the cabin and restore the land to its former use within six months. But a visit to the site by enforcement officers in August 2021 confirmed that the unauthorised structure was still standing and remains standing to this day.
“This is a bad case of prolonged defiance and a flagrant breach by a defendant who’s failed to engage with the local authority when a proposal was made for a meeting,” said District Judge Harris.
“It seems that you didn’t have any respect for the local authority.”
Walker pleaded guilty to breaching the enforcement notice. He was ordered to pay a total of £5,425, comprising a £425 fine and £5,000 costs to Carmarthenshire County Council.
