Grandfather could be forced to sell his own house after spending thousands of pounds in legal planning disputes after removing his own wall

• Ron Knight has been embroiled in a legal battle with the council for six years 
• The 88-year-old, who now lives in Devon, could be forced to sell up to pay fines  

A grandfather could be forced to sell his own home after spending thousands of pounds in legal planning disputes over removing his own wall. 

Ron Knight has been embroiled in the six-year-long legal battle since December 2017 over a parcel of farmland in the village of Milborne Port, Somerset. 

The 88-year-old removed a section of boundary wall so that he could access his land and ensure its upkeep, which alerted South Somerset District Council’s planning enforcement team, and prompted an enforcement notice to be sent. 

Mr Knight and his two brothers sold off Cannon Court Farm, located off Golding’s Lane at the southern edge of the village in 1990 before relocating to Devon. 

But the parcel of land on Brook Street adjoining the farm stayed within in their ownership, meaning they remained responsible for its upkeep. 

The parcel of land later became landlocked after the property’s new owner extended the farm and its buildings, with previous access to the land parcel via existing roads blocked off. 

Ron Knight, 88,  has been embroiled in the six-year-long legal battle since December 2017

Mr Knight removed a section of the boundary wall in October 2017 to gain access and use mowers and hedge trimmers to maintain the land. He had previously helped to rebuild the same wall back in 1974 and did not know he needed planning permission to remove the section. 

He was then sent an enforcement notice, which he failed to respond to, before being invited to interview under caution by police and subsequently to appear in court, incurring thousands in fines in the process. 

Now, Mr Knight may have to sell up his home in Devon to pay the fines. 

Linda Knight, Mr Knight’s daughter, said: ‘My dad received an enforcement notice from South Somerset District Council in December 2017 to cease work immediately along with a letter to appeal, which he didn’t understand and to which he failed to respond – hence missing the one chance to explain why he’d done what he’d done.

‘Dad was then invited to an interview under caution from the police in March 2019, as he had refused to rebuild the wall, and was then summoned to appear in court for failure to comply in July 2020, incurring costs of £300’. 

Mr Knight was subsequently fined £1,237.50 at another summons in December 2020 with further costs of £250 at a subsequent hearing held in July 2022.

The issue relates to a parcel of farmland in the village of Milborne Port, Somerset

He then submitted a planning application seeking retrospective planning permission for changes to be made to the boundary wall but the council declined to determine the application, arguing that the pensioner could not apply for planning permission while still under enforcement action. 

According to the Town and Country Planning Act 1990, local councils have the legal right to decline making a decision on any application relating to any site which is partially or wholly under enforcement action. 

Last month, Mr Knight appeared in court again and was told he would face 45 days in prison unless he rebuilt the wall and repaid all fines. 

He now faces another court date in January if he is unable to pay the outstanding fines.  

‘My father, who was 88 this year, is living on a pension and caring for his disabled wife – he is her sole carer’, Ms Knight added. ‘He could likely be forced to sell his house as he can’t afford to pay the ongoing fines.

Sam Cabell, Mr Knight’s grandson, added: ‘Granddad wasn’t allowed legal aid so had to represent himself. All the solicitors we contacted wouldn’t take the case on.

‘The only person we found that would give advice was a barrister in London which would charge him more than £950 per hour.

‘It’s a pretty shocking system to be quite honest, especially as there is others on the same street that have taken down walls to their properties to gain access for car parking spaces.

‘My grandfather built the wall himself back in the 1970s and had no hassle from the council then – so why is there now an issue with him taking a piece down, for access to feed animals and keep the place tidy?’

Somerset Council said it was in the public interest to continue to pursue the matter, arguing that Mr Knight had caused ‘unjustified harm’ to a protected local structure. 

‘The retrospective planning application was asking for the same requirements as the enforcement notice’, a spokesman said. 

‘We have applied the expediency test and public interest test to each step of this case.

‘We consider that the creation of the access, necessitating the demolition or removal of a wide section of the historic stonewall and associated engineering work to the land behind, fails to safeguard the established character of the conservation area and has caused unjustified harm to a designated heritage asset.’

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