Holiday home used as residence for five years

A couple who have made a holiday home their main residence for five years, and lost an appeal to be given a year to sell up, want to stay another three years.

The two-bedroomed property, on Appletree Lane near Whitwell, was built as a holiday home in November 2017. The owners, then living in France, moved back to the Island in 2018. An application made in March 2021 for the property to become permanent accommodation was refused.

In September 2021, the Isle of Wight Council took enforcement action, giving the couple six months to move out. An appeal to the Planning Inspectorate argued that enforcing the holiday use condition may conflict with the Human Rights Act and it was difficult to say “where a ‘holiday purpose’ ends and permanent occupation begins”. It asked for the deadline to be extended to 12 months and claimed the council’s actions were due to “spurious neighbour complaints”.

Agreeing with the IW Council, and dismissing the appeal on all grounds, the planning inspector found the property, then on the market for £595,000, had likely been “considerably overvalued”. The inspector dismissed claims that the owners would made homeless, noting that they had sold property in France and also own a flat in Newport, which is rented out. He added that if the council had not taken action, the “unauthorised occupation would become immune from enforcement action in due course.” The couple should have moved out last month.

An application has now been submitted to the council for the owners to stay another three years, or until the property is sold, whichever is sooner, due to “unique personal circumstances”. The holiday home is now on the market for £800,000 to include 11.66 acres of land. In documents submitted by planning agents, BCM, it says that allowing the application would mean the couple can “be one less burden on the council” as, aside from the Newport flat, they have “no other capital”.

The plans, under reference 23/02073/FUL, are on the Isle of Wight Council’s planning website and open for comments until January 3.