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Army Major's fury at being 'penalised' in planning row
An Army Major entangled in a bitter planning dispute with a council believes he is being penalised for fighting for his country.
Major Alex Forsyth and his wife Virginia have spent around 80,000 in legal fees trying to secure the right to live at the Lodge in Marsh.
The property was originally an annex to nearby Marsh Green Cottage, which was owned by Mrs Forsyth's father.
The cottage was sold on after his death in 2006 but the Forsyths decided to settle down at the Lodge.
However, Wycombe District Council says the building cannot be used as an independent living space from the cottage.
The planning dispute has rumbled on for three and a half years and in 2009 the council served an enforcement notice ordering the Forsyths out.
The couple appealed to a Government planning inspectorate, claiming that the property had been used as a home for at least four years prior to the notice, thus giving them planning immunity.
But the council disputed this and inspector Steven Fox ruled in its favour, stating that there was a crucial break in the Lodge being lived in between 2006 and 2007 – during which time Major Forsyth was serving in Afghanistan and his wife was staying in Army accommodation as she felt uncomfortable being by herself.
The inspector did, however, grant the Forsyths planning permission for the Lodge as he believed it was not causing the surrounding area any harm.
But just when the couple thought they were able to move on with their lives, Wycombe District Council took Mr Fox's ruling to the High Court.
Earlier this month the planning permission was quashed after the Government decided not to contest the hearing, meaning the Forsyths are facing yet another costly inquiry to secure the right to live at their home.
Major Forsyth, 35, who serves in the Queen's Royal Hussars, said: "I feel really upset that in effect there was an occupancy break because of six months I was in Afghanistan, that is really unjust."
He went on: "I cannot understand what the council get if they win, or lose, I see no change to the landscape either way – some richer lawyers, and us bankrupt."
Mrs Forsyth said she had an emotional attachment to the property and wanted to raise a family there – something which has been put on hold due to the dispute.
"We wouldn't have gone through this heartache and stress and huge cost for the last three and a half years if we did not feel very sentimentally attached to the property.
"I was baptised and married there and my father's ashes are scattered there. He would turn in his grave if he knew how we were being treated and having to fight over our family home."
She added: "We will keep fighting as this is our home and we genuinely believe we are in the right.
"We have told the truth throughout and feel very bullied – after all our only aspirations are to continue the status quo of living in our own house."
Major Forsyth added that he hopes to have the dispute cleared up by the time he goes to Helmand Province for a six-month tour next year.
"It causes immense additional stress on wives and family when you only have 30 minutes a week on a crackly satellite phone to co-ordinate public inquiries," he said.
A spokeswoman for Wycombe District Council said: "The council strongly refutes that it has penalised Major Forsyth for serving his country.
"This is a planning matter and the council has been dealing with planning issues only.
"The council had very strong planning reasons for appealing the planning inspector's decision to the High Court.
"The creation of an independent residential dwelling unit has an impact upon the character and appearance of the area.
The building is situated in an area of flood risk and the implications of this were not dealt with adequately by the planning inspector during the public inquiry."
"The council cannot comment on the possible use of The Lodge as the land is in private ownership and it is for the owners to decide any future lawful use."
She said the cost to the council of taking the case to the High Court is being met by the Government.
"While the council appreciates there is a cost to the public purse this cost is considered to be justified to ensure national planning legislation is adhered to," she added.
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