Clair Birch, a 59-year-old resident of Worcester, is facing a demolition order for a £170,000 garden annexe built to support her disabled daughter. After losing a recent appeal, Birch must now either modify the structure to meet council standards or face the destruction of the building.
The £170,000 cost of a "good faith" build
The financial toll of the construction project has been devastating for the Birch family. According to the report, Birch spent a total of £170,000 on the two-stoorey building, which was intended to help her daughetr live more independently in the back garden of their semi-detached home. The project was further complicated by a previous builder who reportedly took £70,000 and left the property in an unstable condition.
Birch maintains that she acted in good faith throughout the process, believing that all necessary legal requirements were being met. She has expressed frustration that the building, which was designed specifically to meet her daughter's needs, is now unusable. The retrospective planning application for the one-bedroom annexe, which replaced an existing garage and outbuilding, was originally submitted on March 6 of last year.
Neighbors' complaints of property encroachment in Worcester
Local residents in Worcester have voiced strong opposition to the structure, describing it as an "eyesore" that disrupts the character of the street. As the report states, neighbors claim the building was constructed just meters from their homes without proper permission and has even caused issues with property boundaries. One anonymous neighbor alleged that the structure overhangs their property and has caused damage to their driveway.
The scale of the project has also drawn criticism, with some residents referring to the annexe as "the big house." There were also claims that the building was once listed as an Airbnb in the planning application, leading to suspicions that the construction was rushed to avoid rejection.. Residents have noted that the height of the building provides little privacy, as windows allow views into the gardens of surrounding homes .
A two-storey design to combat a daughter's phobia
The decision to construct a two-storey annexe rather than a single-level bungalow was driven by the specific psychological needs of Birch's daughter. The daughter suffers from a phobia of being on the ground floor at night, necessitating the second floor to ensure she feels safe and secure. This design was central to the goal of providing her with a sense of independence within the family property .
Despite the specialized purpose of the building, Worcester City Council deemed the structure unacceptable. The Planning Inspectorate recently dismissed an appeal to extend the compliance notice, ruling that the current six-month window is sufficient time for Birch to either amend the building or begin demolition.
The March 6 application that left Birch "without a paddle"
A significant unanswered question in this case is whether professional negligence contributed to the planning failure. Birch has claimed that she was assured by both her planner and a contact within the department that the paperwork was in order. She stated that the wrong information appears to have been submitted, leaving her in a position where she was "left without a paddle" despite her significant investment.
It remains unclear whether the responsibility for the incorrect filing lies with the privatte planner, the builder, or a misunderstanding of the council's specific requirements. While Birch has sought to liaise with her professionals to rectify the situation,the legal ruling leaves her with a strict deadline to resolve the status of the £170,000 structure.
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