Idnan Choudhry, a 31-year-old quantity surveyor, is facing the potential demolition of his five-bedroom home in Walsall, West Midlands, following a protracted four-year planning dispute with the local council. The dispute centers on the property being approximately 50 centimeters (1.6 feet) wider than permitted.
Choudhry claims he was granted planning permission for a replacement home in 2022 and asserts he followed the approved architect plans. However, construction had already begun when an enforcement officer visited following a neighbor's complaint. As his family was residing in the property at the time, Choudhry stated he felt compelled to continue construction, including adding a roof, to ensure his family's safety and shelter.
He was subsequently informed that the house breached a 45-degree angle by half a meter, positioning it too close to a neighboring property. By this point, a significant portion of the house was completed. Choudhry has twice been refused retrospective planning permission, despite making modifications, including reducing the size of a dormer.
The homeowner has spent approximately £35,000 on legal fees and new architects in an effort to save his property. He expressed frustration, stating, "We're being made out to be criminals but we have tried to do everything by the book." Choudhry believes the council has been inconsistent, remarking, "I don't know why the council is penalising people who have been granted planning permission and they have just kept moving the goalposts."
The conflict originated four years ago when initial plans for the home were approved with an inaccuracy. The permission included a condition requiring that a 45-degree line of sight from neighboring windows not be breached. Walsall Council later described the error in the submitted drawings as an "oversight." The council issued a Breach of Condition Notice, which was later withdrawn due to the initial error in the plans.
An enforcement case remains open, citing the continued unlawful development. Last year, Choudhry submitted his first retrospective planning application to regularize the construction. This application received five objections and was refused, with reasons including "unacceptable levels of harm" to a neighboring property, being visibly incongruous, and impacting visibility for pedestrians and drivers due to the front boundary.
Choudhry, who lives with his parents, stated the family purchased the original three-bedroom house in 2020 for £337,000, intending to renovate it into their permanent home, investing an estimated £300,000 to £400,000 in total. He indicated that initial work was done under permitted development rights before a full planning application was submitted in the summer of 2021. He recalled a meeting with a planning officer in March 2021 where the plans appeared satisfactory, and full permission was granted in April 2022 after final amendments.
After the enforcement officer's visit and the notification of the 45-degree angle breach, Choudhry hired a second architect to adjust the house. He claims to have made alterations to reduce the house's size, even making it smaller than requested, believing he was complying with the council's wishes despite feeling the situation was unfair.
In March of the current year, Choudhry submitted another retrospective application. Walsall Council stated this latest application did not resolve the previous reasons for refusal and introduced new concerns, including poor visibility for drivers and pedestrians, a significant breach of the 45-degree rule, an inaccurate site plan, an incongruous appearance, and a loss of privacy for neighbors.
On June 30, Choudhry received a notice of demolition, with permission again refused. He has vowed to continue fighting the council, having contacted the ombudsman and engaged legal representation. Walsall Council detailed previous reasons for refusal, noting that while submitted plans showed a reduction that would minimize impacts on a neighbor regarding light and shadowing, unresolved matters prevented its support. The as-built dormer, measuring 2.6m high, 3.6m wide, and 3.9m deep, exceeded approved dimensions of 2.4m high, 3m wide, and 3.5m deep. This, the council stated, contributed to a dominant, incongruous appearance and impacted street-scene character. Additionally, the front boundary wall and gates were cited as obstructing visibility for drivers and pedestrians, particularly on a bend where visibility is already limited.