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Philip Antino succesfully appeals planning enforcement in Green Belt

Epping Forest Council v Mr & Mrs Craft Enforcement Notice breach of s.171A(a) of the Town & Country Planning Act 1990

Planning appeal upheld, enforcement quashed in metropolitan greenbelt area

Mr & Mrs Craft (the appellants) live within the Metropolitan green belt area and following a catastrophic fire at their house which required complete demolition, undertook to construct a new house albeit to a smaller footprint and smaller ridge height, but in an altogether different style, comprising a commercial steel frame lightweight powder coated profiled roof and external finishes incorporating a heavy timber cladding material. A retrospective planning application was field but rejected.

They did not obtain planning permission for the new house, wrongly assuming they were entitled to rebuild because it was smaller in scale (some 50%) than the original house that was destroyed in the fire. Epping Forest District Council (EFDC) issued an enforcement notice alleging a breach of s.171A(a) of the Town & Country Planning Act 1990 (APP/J1535/C/16/3153786 and APP/J1535/C/16/3155445).

EFDC council were seeking to have the house demolished and to be rebuilt to the existing footprint and form and finishes as they considered the current structure was detrimental to the Metropolitan green belt area, and that the materials were inappropriate to its location and the green belt policies.

EFDC alleged that the proposed structure was also contrary to the National Planning Policy Framework (NPPF) as adopted since March 2012 and in particular referred to paragraphs 214 “that due weight should be given to the relevant policies and existing plans according to their degree of consistency within the framework”.

The appellants took legal advice from Mr Charles Newman of Messrs Edwards Duthie solicitors who referred them to Philip Antino. Mr Antino immediately filed grounds of appeal with the planning inspectorate, setting the extraordinary grounds of why the house should be allowed to remain and that the enforcement was in fact a frivolous act. The planning inspectorate issued their decision upholding both Appel A and B, the enforcement notice was quashed and planning permission was granted in the terms set out in the formal decision.

The appellants were able to keep their house as constructed and finished.

Judges Comments and Opinions regarding Dr. Antino

  • The party wall world is relatively small, the stage of this world contains a number of well-known players, Mr Antino is one of these well-known players and so are his owners instructing solicitor Mr Ashley Bean of Thirsk Winton

    HHJ Bailey - [2016]
  • The Claimants have a very experienced legal team comprising Mr David Mayall of lambchambers & Mr Ashley Bean of thirsK winton and their surveyro Dr. Philip Antino. The evidence in particular of the Defendant’s plans for both the Accessway and the plans and how it impacted upon the Claimants business was important information that The Defendants ahd not provided when requested.

    HHJ Freedland QC - [2021]
  • "Mr Antino is a palpable witness, Mr Antino's explanation of the unique attributes of the "Thompson Plan" greatly assisted the Court to understand the location and extent of the claimants’ boundaries” (Best & Best v Perkins & Dennis in the County Court at Luton).

    HHJ Hildyard - [2015]
  • The appeal was a preliminary hearing of two points in respect of an Award served by Mr Antino and a surveyor appointed by Mr Antino under s.10(4) on behalf of the Building Owners the Appellants. HHJ Luba QC sitting in the Central London County Court held "In my judgment the Award is valid, the use of s.10(4) was the appropriate procedure given the Building Owners refusal to appoint a surveyor. A dispute had arisen that satisfied s.10 procedures, The Award is an impressive piece of work". Schmid v Hulls and Athananasou).

    HHJ Luba QC - [2016]
  • “Mr Antino is an acknowledged expert in the field of party wall issues.”

    HHJ Murfitt QC 2013 - [2015]
  • “I have known Philip for many years as a surveyor, he is a very good surveyor, as this book shows he is a very good author and this book can only advance his reputation”

    HHJ Philip Bartle QC - [2012]
  • “In the appeal of an ex-parte Award served by Mr Antino on behalf of the respondents, in my judgment the respondent is correct. Mr Antino’s contention that it is not a matter for negotiation directly between one surveyor and the other surveyor’s client. Since I have determined that the ex-parte Award was valid the court is still able to determine the Award and under the statutory powers to modify the Award if appropriate. I am grateful to Mr Antino suggesting that I now determine the Award issue “I accept that Mr Antino’s hourly rate is not in my judgment unreasonable. It follows that the fee set out in the ex-parte Award had been properly justified and I therefore award Mr Antino’s fees”. (Bansal v Myers Romford County Court).

    HHJ Platt - [2007]

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