Neighbors in conflict as homeowner demolishes garage to build cottage without approval

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A Homeowner's Dispute with Neighbors Over Unauthorized Construction

A homeowner in Poole, Dorset, is facing significant backlash from neighbors after demolishing an old garage without permission to build a two-bedroom cottage in his garden. The dispute has raised concerns about the use of planning loopholes and the impact on the local community.

Daniel Rayan, who purchased a three-bedroom detached house in 2022 for £465,000, initially received approval to extend and enlarge the property. However, he then began work on outbuildings that were not part of the original application. This led to a report from a neighbor to the BCP Council, forcing Rayan to apply for planning permission retrospectively.

According to Rayan’s application documents, the new “cottage” will serve as accommodation for elderly family members. However, neighbors claim that Rayan lives in London and that the main house is being used as an HMO (house of multiple occupancy). Rayan, who is listed as the director of Fervid Homes, a company based in central London, stated that he sought formal planning advice in 2022 and was told that the outbuildings could potentially be converted into a granny annexe.

He explained that during the early stages of the work, it became evident that the outbuildings were not structurally sound. The walls were unstable, the workshop ceiling had already collapsed, and the garage roof was damaged and leaking. As a result, he said, it was necessary to demolish the original structures and replace them with new construction built on proper foundations and fully compliant with building control regulations.

Despite this, some neighbors are skeptical. Rich Dymott, one of the residents, claims that Rayan is hiding behind the idea that he wasn’t aware of the need for planning consent. He pointed out that Rayan owns a consultancy company that advises on planning permission and is certified by RICS as a chartered surveyor. Dymott believes Rayan knew exactly what he was doing and made a conscious decision to bypass the system.

Another neighbor, who chose to remain anonymous, suggested that when Rayan bought the property, he claimed to be a family from London wanting to make it their second home or move down. However, they believe this was just developer talk and that Rayan knows exactly what he is doing.

Several neighbors have written letters of objection to the council. Alistair Maher, a neighbor, stated that the evidence clearly shows that the applicant deliberately sought to bypass planning controls. He noted that the creation of a separate dwelling-scale building on the plot, with its own entrance, indicates that from the start, the structure was not intended to be ancillary but a self-contained dwelling.

Dymott also mentioned that applications at other properties on the road that went through the correct process were refused and upheld at appeal. He added that this development has set a worrying precedent of “build first, apply later,” which makes a mockery of the planning processes.

Michelle Baker commented that the number of HMOs in the area is “getting ridiculous,” while Melissa Gunputh said the area has “no space left to give.” Natalie Purt emphasized that retrospective applications should not be used to bypass the planning process. She argued that approving this development would reward construction undertaken without permission and set an undesirable precedent, encouraging others to build first and seek approval later.

Catherine Elliott expressed frustration with developers trying to squeeze properties onto small plots on their street for a quick profit. She stated that the residents of Uppleby Road have had enough and won’t stand for it anymore.

A decision is expected to be made by the council shortly. The case highlights the ongoing tension between developers and local communities over planning rules and the impact of unauthorized construction on residential areas.