Wealthy businessman battles council over 10-year land use claim for outbuildings and tennis court

Mark Hepburn, a businessman, faces the potential demolition of two outbuildings and a tennis court after Winchester City Council rejected his claim for a 10-year planning exemption. Hepburn argued that the land had been continuously used for residential purposes, making it eligible for permitted development rights. However, the council disputed this, stating that evidence of ten years of use was inadequate, as Hepburn had owned the property for only about five and a half years. This decision highlights the stringent planning controls in place for agricultural land.

Mark Hepburn, 52, argued the land he built on qualified for permitted development rights after 10 years of continuous residential usage, meaning planning permission was not required.

In its decision, the council cited government planning guidance, which states that an application must describe precisely what is being applied for and provide sufficient evidence.

Winchester City Council rejected Hepburn's application after claiming the 10-year claim was "less than probable," stating that his evidence was inadequate to establish continuous use.

Hepburn constructed outbuildings, including a gym and a tennis court on three acres of agricultural land, which remains subject to strict planning controls.

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