Man Denied Council Permission Three Times to Build Home for Dying Wife
David Marks' repeated attempts to construct a single-storey dwelling with a care suite for his wife, who has dementia and Parkinson's, have been rejected by planners.
An elderly man has been denied permission three times by council planners to build a bungalow with an attached care suite for his wife, who is suffering from dementia and Parkinson's disease. David Marks, 78, is attempting to construct the single-storey dwelling in Smarden, Kent, for his wife Yvonne, who has been in a care home for nearly three years.
Mr. Marks, a property developer, owns the land in Smarden, a former farm. He fears he may not see his wife cared for at home before her “end of life” due to the repeated rejections by Ashford Borough Council. He is now appealing the latest decision with the Planning Inspectorate.
Two years ago, Mr. Marks submitted plans for an eco-house with five bedrooms, designed to be off-grid and powered by solar panels. These initial proposals also included a new pond for water management and recycling and surrounding orchards for food production. However, the Smarden Parish Council deemed these plans an unsuitable “overdevelopment” of the rural area, and the borough council rejected them.
This was the second time Mr. Marks had put forward plans for the property after earlier proposals were rejected in 2024. Planners ruled that the property did not meet the criteria for an “exceptional” design and would “encroach” on the countryside. The most recent set of plans, which were toned down, received no objection from the parish council and garnered support from neighbours. One resident described it as “madness” not to approve the application, noting the lack of single-level dwellings and the need for them given an aging population and increased health conditions affecting mobility.
In the submitted design and access statement, Mr. Marks stated his intention was to relocate from his current home to the bungalow to personally care for his wife, who has significant nursing requirements due to her conditions. He also argued that the bungalow would need to be built quickly, overriding self-building regulations, as it is possible that his wife’s “end of life” could occur before a self-build completion. He believes such regulations are not compatible with this application.
The plans were refused in June, with a planning officer stating the proposal was unacceptable and wrongly encroached on a greenfield site, despite considering human rights issues. Mr. Marks, the managing director of development company DaVinci Properties, has been involved in developing the site previously. The land is part of what used to be Church Farm, where Mr. Marks converted industrial units into eight new homes during the pandemic.
In his appeal, Mr. Marks stated that the proposal would contribute to housing delivery targets, which the council is finding challenging, and should be in favour of sustainable development. He further argued that the appeal proposal is aesthetically reasonable, consistent with local character and appearance, and would create a new home at a time when there is a shortfall in new home delivery.
An Ashford Borough Council spokesperson stated that as the application is live and undergoing the appeals process, they are unable to comment further.