A farmer, who built a mock Tudor castle without planning permission, has been given seven months to knock it down, in order to avoid a three-month prison sentence.
Dove J suspended the sentence imposed for contempt of court in order to give Robert Fidler one last opportunity to comply with earlier orders and have the house demolished.
Robert Fidler built his home in Salfords, Surrey, more than a decade ago and hid it behind straw bales for years in a bid to gain immunity from planning control.
But, after his breach of planning consent was discovered, Reigate and Banstead borough council made enforcement notices demanding that the house be knocked down.
A planning inspector rejected Fidler’s appeal, and the decision was backed by the High Court in 2010 and the Court of Appeal.
Deputy High Court judge Sir Thayne Forbes in 2010 said that the straw bales “were intended to deceive the local planning authority and to achieve by deception lawful status for a dwelling built in breach of planning control”.
The council later secured an injunction against Fidler requiring compliance with the notice and demolition.
It issued contempt of court proceedings against him, but Fidler applied for the injunction to be varied or suspended, telling Dove J that the council’s case was based on “lies and deception”.
He claimed the council was seeking to “destroy” his life, and also advanced arguments including that he had not demolished the house in order to protect bats and great crested newts present in the roof and in ponds on the land respectively.
But the judge said that, while Fidler was an “intelligent and determined” man, this intelligence and determination had led him to “intentional defiance” of court orders.
He said that this deserved a three-month prison sentence but, as the objective was to get the property demolished, this term should be suspended until June 2016.
