Council withdraws planning permission for couple's dream home in the middle of their build

A site where foundations have been laid
Planning permission was withdrawn after the couple had already began work (Image credit: Google Earth)

Phil and Lisa Nelmes believed they were finally set to build their dream home after securing planning permission in January 2023 from Tewkesbury Borough Council.

Having spent tens of thousands of pounds and with work already underway, the couple were stunned when council officers issued a temporary stop notice on the build in Twigworth last year. This stop notice effectively withdrew planning permission and forced construction to a halt.

The notice has left the family in limbo while they wait for clarity on whether the project can ever continue.

Why the stop notice was served

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Although permission had been granted for the single dwelling on Tewkesbury Road, council officials later determined that the plans did not correctly show the existing highway layout – a critical detail when considering how vehicles would exit onto the busy A38.

They said this error could result in unsafe access, and legal advice led them to issue a temporary stop notice until the situation could be clarified.

A spokesperson for Tewkesbury Borough Council explained: “While planning permission was granted for a new dwelling, it came to light after works started that the applicants submitted plans that did not correctly show the layout of the existing highway, and as a result the proposal would result in an unsafe access onto the busy A38.”

This notice effectively freezes all construction and withdraws the planning permission until the council is satisfied the concerns are rectified.

Meanwhile, the couple claim highways officials had given them assurances that the access to the property was safe.

Homeowners say: 'We’ve been left in limbo'

The family say they were shocked by the stop notice, especially after approval had already been given. Mrs Nelmes said: “A mistake has been made somewhere along the lines. Not due to us… We put in planning permission and everything else and we are the ones paying the price.”

Mr Nelmes also defended the safety of the access, pointing to the response from Gloucestershire Highways, who had previously not objected to the design on safety grounds. “The authority responsible for highways have said they are happy with the visibility and it is safe,” he said. “They still said yes, it’s okay… then they put a 56‑day temporary stop notice.”

The couple say they have already invested tens of thousands of pounds into the build, reaching up to damp‑proof course level before the stop order was served.

What happens next

Council officers have visited the site multiple times to assess the access, but the temporary stop notice remains in force.

The Nelmes family are now waiting to see if amended plans or legal clarifications will allow construction to resume, or if they will need to revise their approved drawings to satisfy the council’s concerns.

A council spokesperson noted that meetings have taken place with the couple to discuss next steps, but offered no specific timeline for when work might be allowed to continue.

At this stage, the case represents a planning stalemate as permission exists, but implementation is blocked until the stop notice issue is resolved.

Joseph Mullane
News Editor

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.