Couple granted permission to build house ‘left in limbo’
It's after Tewkesbury Borough council put a stop to works
A Gloucestershire couple who were granted planning permission to build a home say they are “in limbo” after they were ordered by their local council to stop construction.
Phil and Lisa Nelmes were granted permission for a single dwelling at 1 Laburnum Cottage, Tewkesbury Road, Twigworth in January 2023.
They wanted to live closer to Mr Nelmes’ parents and so applied for permission to build a house on what used to be part of their garden.
Initial plans for a bungalow were rejected and they were advised to apply for a house instead. They did this and were later granted permission to build a house.
They began work up to damp proof course level last year but were issued with a temporary stop order in September.
The council claims errors in the plans which did not correctly show the layout of the existing highway came to light after works started. They claim the errors would make the home’s access onto the A38 unsafe.
However, errors with the drawings were pointed out to the council by both objectors and the applicant’s consultants in their transport assessment before permission was granted.
And Gloucestershire Highways say in their official response to the plans that they had conducted a robust assessment and did not object to the proposals.
Mrs Nelmes said they’ve been “left in limbo” by the situation having already spent tens of thousands of pounds on building the home.
“A mistake has been made somewhere along the lines,” she said. “Not due to us.
“We put in planning permission and everything else and we are the ones paying the price.”
She said officers have visited the site to assess the access.
“They have physically come out and been to the site and they still said yes, it’s OK,” she added.
“We started to build and they put a 56 day temporary stop notice.
“They are saying we haven’t got planning permission but we have. They haven’t revoked it or enforced it against us for that.”
Mr Nelmes said the council approved the plans and granted permission.
“The authority responsible for highways have said they are happy with the visibility and it is safe,” he said.
A spokesperson for Tewkesbury Borough Council said officers have met with Mr and Mrs Nelmes on several occasions to discuss the issue.
“While planning permission was granted for a new dwelling, it came to light after works started that the applicants submitted plans that did not correctly show the layout of the existing highway, and as a result the proposal would result in an unsafe access onto the busy A38,” a spokesperson said.
“Following legal advice, the council concluded that the permission could not be lawfully implemented due to the inaccuracies in the applicant’s plans.
“The local planning authority served a temporary stop notice after advice was ignored and works commenced.”