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Nine-year saga over illegal extension comes down to 60cm, but bulldozers won’t be moving in
Mohammed Ilyas (far left) with family members outside the Aylesbury Road home. Pictured below is John Byrne, the council's head of planning
One of the Vale’s longest running planning sagas, which has seen a man imprisoned and cost ten of thousands of pounds in legal fees, has boiled down to a dispute over 60cm.
It was expected Mohammed Ilyas’ Aston Clinton extensions would be demolished after he had an appeal dismissed by the Court of Appeal.
But it has now emerged Mr Ilyas is planning to submit a new planning application which would involve lowering the roof of the two storey section of his extension by 60cm to fall into line with the approved application.
Aylesbury Vale District Council has welcomed the move after a lengthy legal battle, despite previously stating the extension must come down. The council has been awarded £46,110 in legal costs in relation to the case. It would not reveal the total cost to taxpayers of the nine year episode.
Mr Ilyas declined to comment, but a family member said the saga was nearing its end.
They said: “It’s been mixed emotions throughout. There have been ups and downs but things are getting better now.”
After Mr Ilyas’ appeal failed earlier this year, he was given two options: demolish the extension or bring it into line with the approved application. The council did not think he would be able to do the latter, but he appears determined to do so.
John Byrne, the council’s head of planning, said: “We welcome the fact that Mr Ilyas has finally accepted that he needs to address the requirements of the injunction and the enforcement notice and that progress is being made towards the implementation of the required works, which hopefully will avoid the need for any more legal action.”
Mr Ilyas built a part two storey, part single storey side extension to his Aylesbury Road home, but the building was bigger than planning permission granted in 2003 allowed for.
Permission was given for an amended scheme, but Mr Ilyas did not stick to this. He was served with an enforcement notice in January 2008, which led to him being fined £5,000.
The council secured a High Court injunction, which resulted in Mr Ilyas being given a three-month prison sentence, to be suspended if demolition took place. An appeal against this decision was dismissed but Mr Ilyas failed to comply with the injunction and went to jail for six weeks.
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Saturday 25 May 2013
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