A £4 million mansion on Sandbanks, a prestigious peninsula on the Dorset coast, could face demolition after a High Court ruling invalidated its planning permission due to unauthorized modifications during construction. The dispute centers around Neil Kennedy, a retired accountant who built the three-story property replacing an older chalet bungalow. His neighbor, Garth Weston, managing director of Ryvita, successfully challenged the local council over the flawed approval process. Kennedy initially believed he had valid permission for the new development, which includes three bedrooms, an indoor swimming pool, and a gym. However, Weston discovered that the construction deviated from the approved plans. These deviations included an extended balcony that overlooked the garden of Celia Sawyer, a celebrity interior designer and neighbor, whose privacy was reportedly compromised when she sunbathed in a bikini. Additional unapproved side windows were installed, one of which faced directly into Weston’s bedroom. An air conditioning unit was also placed on the flat roof, further contributing to the complaints. BCP Council notified Kennedy that he needed to seek retrospective planning permission for the alterations. This approval was granted in January 2024, but it caused frustration among Weston and Sawyer, who felt the council had failed to enforce proper standards. Weston took the matter to the High Court, arguing that the planning process had been unlawful because the council's planning officer did not visit the site to assess the impact of the changes on neighboring properties. Judge Andrew Keyser KC ruled in favor of Weston, stating that the officer’s failure to visit the properties prevented a proper understanding of the development's effects. He noted that the errors in the officer’s report were substantial and indicated a fundamental misunderstanding of the situation, rendering the decision unlawful. As a result, the planning consent was invalidated, making Kennedy’s home illegal. The judge also ordered BCP Council, which is run by the Liberal Democrats, to cover Weston’s £14,754 court costs. Despite this ruling, Kennedy has since submitted a new planning application, seeking permission to retain his home. His planning consultant, Martin Hanham, attributed the issue to the builders and architects, emphasizing that Kennedy, a non-builder, was unaware of the need for additional planning consent for the changes made during construction. Kennedy’s application seeks approval for a "replacement dwelling," despite the existing structure being completed. Hanham stated that Kennedy was not aware of the necessity for further permissions and believed that the changes made during construction did not require additional approvals. He expressed hope that the council would approve the new application soon, given that inspections confirmed no planning issues with the modifications. The Sandbanks Neighbourhood Forum has raised objections to the latest application, citing concerns about the design’s compliance with local policies regarding overlooking and the impact on neighbors. The area, known as Millionaires' Row, is a quiet cul-de-sac on the exclusive peninsula, where high-profile residents reside. The ongoing conflict highlights the tensions between property owners and local authorities in maintaining strict adherence to planning regulations. The case underscores the complexities of urban development and the importance of rigorous oversight in the planning process. With the outcome of Kennedy’s new application pending, the situation continues to unfold, reflecting broader challenges in balancing private interests with community standards and regulatory requirements.
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