A wealthy businessman is now facing a tough decision after losing a planning dispute that could force him to tear down parts of his property.
Mark Hepburn, 52, had hoped to have a field behind his £800,000 country house, located in a quiet village near Southampton, officially recognized as part of his garden.
However, his appeal to convert the land into residential space has been rejected, leaving his tennis court, home gym, and other additions at risk.
A Controversial Development
Locals have raised concerns about the development, fearing it contributes to the “urbanization” of their rural area.
Hepburn, who previously built a bright blue tennis court, a home gym, a bar, a children’s play area, and a TV room on the three-acre plot, argued that the land was already used as a garden by the previous owners.
According to him, his family was simply continuing that tradition.
But after an inspection, planning officer Robert Hitchcock dismissed the appeal, stating there was insufficient evidence to support the claim that the land had been used as a garden for over ten years, which is required for official certification.
Hitchcock also pointed out that there was evidence showing the land had been used for agricultural purposes more recently, especially after Hepburn bought a flock of alpacas to live there.
The Case Unfolds
The planning inquiry revealed more about Hepburn’s situation.
He had purchased the six-bedroom property in December 2017 for £740,000.
The property’s expansive garden had initially attracted him, with the previous owners mentioning how they used it for walking their dogs and setting up swings for their children.
Hepburn shared at the inquiry that his family viewed the garden as the most appealing feature of the house.
After moving in, Hepburn fulfilled a dream of his wife’s by purchasing the alpacas, which were meant to be pets.
However, the council took issue with this, asking Hepburn to apply for a lawful development certificate since the land was being used for residential purposes rather than agriculture.
This application was rejected in July 2023, with the council stating that the field hadn’t been used as a garden continuously for ten or more years, as required.
Building Without Permission
Despite the rejection, Hepburn continued to develop the land. By the end of 2023, he had added a bar and gym, followed by the tennis courts in 2024. The gym and bar are housed in two timber huts and include a TV room.
Hepburn explained that he didn’t seek planning permission for these additions because he believed they fell under permitted development rights.
However, the planning inspector found that there was not enough proof to demonstrate that the land had shifted from agricultural use to residential use over a ten-year period.
Community Concerns
Neighbours have expressed frustration over Hepburn’s ongoing construction.
Richard Callaway, a local roofing contractor, said the constant building work had made him consider leaving the area.
He commented on how the development started with a play area, which he found odd, and suggested Hepburn’s real goal was to get the land approved for further development.
Callaway also criticized Hepburn’s approach, feeling that the businessman believed he could always get his way due to his experience in planning matters.
David Bushby, a retired bank manager, also voiced his discontent, citing over five years of constant construction on the property.
He supported the council’s stance, fearing that if Hepburn was allowed to proceed without proper planning approval, it would set a dangerous precedent for others in the area.
What Happens Next?
As the local council has yet to clarify the next steps, the fate of Hepburn’s property remains uncertain.
However, the case has sparked concern among neighbours who worry about future developments in the area and the impact on the rural landscape.