£4m Sandbanks mansion could be torn down after neighbour wins High Court battle

£4m Sandbanks mansion could be torn down after neighbour wins High Court battle Celebrity interior designer Celia Sawyer was among those to object to the luxury property - Bookmark - CommentsGo to comments A newly constructed £4m mansion on Sandbanks faces potential demolition following a successful legal challenge by a neighbour who sued the local council over a flawed planning process. Neil Kennedy, a retired accountant, had believed he held valid permission for his luxury property overlooking Poole Harbour, which replaced an old chalet bungalow previously on the site. However, neighbour Garth Weston, the managing director of Ryvita, took legal action after discovering that contractors had failed to stick to the approved plans during the building process. The unauthorised changes included an extended balcony that overlooked the garden of Mr Kennedy's other neighbour, celebrity interior designer Celia Sawyer, who said that it invaded her privacy while sunbathing in a bikini. Unapproved side windows were also added to the house, including one looking directly into Mr Weston’s bedroom, while an air conditioning unit was installed on the flat roof. BCP Council subsequently informed Mr Kennedy that he must apply for retrospective planning permission for the luxury home, which features three bedrooms, an indoor swimming pool, and a gym. Officials approved this in January 2024, much to the annoyance of Mr Weston and Ms Sawyer, who accused the council of failing to stand up to their neighbour. Mr Weston ended up taking the local authority to the High Court over the matter, claiming the planning process had been unlawful. Most significantly, he said, was that the council planning officer failed to visit the site, and so could not get a clear understanding of the impact the changes had on Mr Weston and Ms Sawyer's homes. Judge Andrew Keyser KC ruled in Mr Weston's favour, rendering the planning consent invalid. He said: “The officer did not visit the properties; arguable this did not enable a correct understanding of the subject development and the impact on neighbouring properties. “The errors in the officer's report went beyond typing errors and there was a material misunderstanding of the factual position which renders the decision unlawful.” The judge quashed the council's decision, rendering Mr Kennedy's home illegal. He also ordered the Lib Dem-run BCP Council to pay Mr Weston's £14,754 court costs. The local authority has refused to disclose its costs. More than two years later, Mr Kennedy has now submitted a fresh planning application in a desperate bid to be allowed to keep his three storey home. The application is to “erect a replacement dwelling” – even though the mansion is already there. His planning consultant Martin Hanham appeared to lay the blame at the feet of the builders and architects who carried out the work, claiming that Mr Kennedy was clueless that consent would be needed for any changes. In a letter to the planning department Mr Hanham said: “I would like to point out that my client is not a builder or developer, but a retired accountant. “Having secured planning consent for the replacement dwelling, he put all the building works in the hands of a local construction company who appointed another firm of architects to deal with the building regulation application. “My client was aware that very minor changes were made during the construction phase but he was not aware as to whether any form of planning consent was required and if so whether such consents had been secured. “Given that all the changes made to the approved plans have now been inspected on site by your council and it has been confirmed none of the changes made raise any planning issues, I trust that an approval will be forthcoming in the near future.” The Sandbanks Neighbourhood Forum has objected to the latest application, saying that the design does not comply with the policies on overlooking and impact on neighbours and noise. They said: “The plant location or noise generation should be properly considered as it is right next to the east boundary and also reinstating the privacy screens from the first approval, the only current approval. “We suggest the Planning Officer makes a proper assessment of this application.” It does not appear that any enforcement action has been taken against Mr Kennedy, despite the house not being approved in its current form four years after it was completed. All of the parties involved declined to comment. Join our commenting forum Join thought-provoking conversations, follow other Independent readers and see their replies Comments