Man gets 12-month suspended prison sentence over homes built without planning

A timber cladded house on farmland on a hill

Michael Merrill has been told to remove two houses he built as well as a number of outbuildings after he failed to gain planning permission from the council (Image credit: Cheshire East Council)

A man who built two houses without planning permission has been handed a 12-month suspended prison sentence after refusing to tear down the buildings.

Michael Merrill, 51, now must demolish the two homes or face an additional custodial sentence in jail for contempt of court.

Merrill erected two residences and several unauthorised structure without planning permission at Six Acres, Wirswall Road, Wirswall, over a decade ago. Cheshire East Council initiated enforcement measures against Mr Merrill for multiple planning violations but these were ignored.

What did he build without permission?

A timber cladded building with a wooden gate — *Two permanent residences were built, neither of which gained planning permission* (Image credit: Cheshire East Council)

Mr Merrill built a house for his family and another for his in-laws but failed to gain planning for either of the properties.

The two self build, timber-frame houses included balconies and driveways overlooking the surrounding forestry and he also failed to gain planning for a number of separate outbuildings as well.

These outbuildings were being used for offices and storage in his garden.

A timber cladded structure at the end of a garden — A number of outbuildings were also built in the garden, which a;so did not gain planning permission (Image credit: Cheshire East Council)

Handed 12-month suspended prison sentence

After receiving numerous complaints from locals, Mr Merrill was issued an enforcement notice by the council in 2014.

However, he disregarded all subsequent legal actions taken by the council to have the properties removed. Claiming the right to reside on the land, Mr Merrill argued that the Town and Country Planning Act did not apply to him and his wife, a claim that was dismissed by the judge.

Despite the council being granted an injunction in October 2022, Mr Merrill took no steps to remove the unauthorised buildings. On Friday, January 26, 2024, at the High Court in Manchester, Judge Bird imposed a 12-month suspended prison sentence on Mr Merrill for contempt of court.

The court also said all residential activities on the land must cease by mid-July 2024, and Mr Merrill has until the end of January 2025 to remove the residential properties from the site, whilst a new timetable will be set for the other structures to be removed.

Additionally, the judge ordered Mr Merrill to pay the council £17,409 in additional costs, on top of the £21,000 previously awarded to the council in previous hearings.

Manchester Civil Justice Centre, which houses Manchester District Registry of the High Court — *The case was referred to Manchester's High Court where Mr Merrill was handed a 12-month suspended prison sentence for contempt of court* (Image credit: Getty Images)

'We do not seek to see people sent to prison for planning offences'

Mr Merrill has now been told he must return the land back to its original state and vacate the land or else face the prospect of an additional custodial sentence.

Councillor Mick Warren, Cheshire East Council’s chair of the environment and communities committee, said: “We do not seek to see people sent to prison for planning offences. Action to secure an injunction and an application for contempt of court are a last resort.

“However, where parties show no regard for the planning process in the event of unacceptable and inappropriate development, the council is left with no option but to pursue legal action and, in this instance, the property owners were given considerable time in which to comply with planning regulations.

“It is regrettable that the council had to take this action. Hopefully, the prospect of a 12-month prison sentence will result in compliance."

News Editor Joseph has previously written for Today’s Media and Chambers & Partners, focusing on news for conveyancers and industry professionals. Joseph has just started his own self build project, building his own home on his family’s farm with planning permission for a timber frame, three-bedroom house in a one-acre field. The foundation work has already begun and he hopes to have the home built in the next year. Prior to this he renovated his family's home as well as doing several DIY projects, including installing a shower, building sheds, and livestock fences and shelters for the farm’s animals. Outside of homebuilding, Joseph loves rugby and has written for Rugby World, the world’s largest rugby magazine.