Hermit faces eviction from woodland shelter


'Hermit' Faces Eviction From Woodland Shelter

Country England
Date 14 July 2006

A man living a "hermit-like existence" in a one-room woodland shelter in a Cotswold valley was told today by a High Court judge that his home is not a "dwellinghouse", according to law.

The decision, unless overturned by the court of appeal, could mean eviction for Stephen Grendon.

The High Court heard how Mr Grendon suffered from bouts of depression and valued "the simplicity of his unconventional lifestyle" and "the peace and quiet" that he had found.

He had chosen the name "Hermit's Corner" for the simple stone building, measuring 4.25m by 5.8m, with wooden veranda and shutters on the south side under a roof of corrugated sheets.

For many years it had existed as a store for a small allotment garden created in a clearing in the woods at Brimpsfield Common, Brimpsfield, Gloucestershire.

Previous owners were naturists who used it as an occasional retreat where they could enjoy fresh air and privacy.

But an enforcement notice was served on Mr Grendon in summer 2004 because he did not have planning permission for its "residential use"

Mr Grendon claimed the notice was time-barred under the planning laws as the building had been his dwelling for at least four years.

He then applied to Cotswold District Council for a certificate of lawful use so that he could go on using the building as a dwelling.

His application was rejected, and in January this year his appeal to the planning inspector was dismissed.

Today Mr Justice McCombe, sitting at the High Court in London, upheld the inspector's decision, saying that Mr Grendon's home "simply did not have the physical attributes of a dwellinghouse, even with the claimant's modest requirements".

The judge said the inspector had visited the site and was entitled to conclude it was not turned into a dwellinghouse "by the mere fact of the claimant living there".

Mr Grendon, who receives support from a community mental health nurse for depression, bought the land in 1994 and at first stationed an ex-Army lorry, converted to provide living accommodation, next to the building.

The lorry was placed on raised supports but towed away in 2003.

His one room has walls largely occupied with shelving for books, music CDs and other personal possessions.

There is a sleeping platform at one end of the room and a sitting area with a settee at the other.

Heating is provided by a wood burning stove, and there is a butane gas hob for cooking.

Electricity has recently been connected, but previously light was provided by candles and paraffin lamps.

But the planning inspector found there was no running water, bathroom or toilet at the property.

Mr Grendon drew water from a spring on the edge of the common for washing and drinking, and he dug holes in the wood for toilet purposes.

The judge said the inspector regarded those as serious shortcomings.

Until recently the south end had been open to the elements when the wooden shutters were open and, when closed, there was hardly any natural light.

The building had not been constructed as a house and did not look like a house, said the inspector.

Today the judge ruled the inspector was entitled to find as he did.

Later Sharon Baxter, solicitor with Community Law Partnership, said: "This judgment seems to give too much emphasis to the physical attributes of the building and too little, we say, to its actual use."

She said an appeal might be considered.

Mr Grendon continued to live in the building in breach of the enforcement notice and could face eviction if there was no successful appeal.

Ms Baxter said she might also consider making a formal application to the local council for a change of use of the building to residential purposes.

Source: Press Association, 14/07/2006

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