Couple make costly error after gaining planning and building £100k extension on land they didn't own
The couple claim they were never told they didn't own the land and say they "are the innocent party that has fallen foul of a procedure"
In a startling turn of events, a couple have been told to tear down a £100,000 extension, despite having permission, as they didn't own the land.
Wayne Noke, 52, and his wife Natalie, 53, gained planning permission to build an extension to a home in Bartley, Hampshire, which they bought for £2.1 million last year.
However, New Forest National Park's officials told them the land they built on was not actually theirs and belonged to the Crown and the pair have now been threatened with legal action, despite them pleading ignorance after claiming they were never told it wasn't theirs to build on.
What were the plans for?
Natalie Nokes, along with her parents Catherine and Michael Drummond, bought a five-bedroom home and building plot with a separate cottage together, aiming to live close but independently to each other.
However, due to Mr. Drummond's, 80, Parkinson's, they applied for planning permission to extend the cottage, allowing him to live on the ground floor.
They saw it as fulfilling their dream to have their parents nearby while ensuring Mr Drummond's independence. The extension was approved by the New Forest National Park and construction began last summer.
Couple told the land belonged to the Crown
Wayne and Natalie Noke were granted planning permission for the construction of their £2.1 million eight-acre home in Bartley last summer. https://t.co/W0IX4r7ox4March 18, 2024
The couple were informed after finishing the extension that they didn't actually own the land that they were building on.
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In September, officials informed them that the cottage was surrounded by a strip of land on three sides that belonged to the Crown and the land around the cottage was owned by Forestry England and therefore a designated area.
Although there's been a license in place since 1983 preventing others from using it, the Nokes are not allowed to build on it.
Mr Noke shared that neither their solicitors nor the previous homeowners were aware of this license since it wasn't mentioned in the title deeds.
Mrs Noke said: "I know ignorance isn't an excuse - but there wasn't anything we were told about that made us aware of it.
"We have made an error in innocence, it's a genuine mistake."
Couple propose 'land swap' with Forestry England
The couple are hoping to keep the extension by proposing a land swap with Forestry England or by either purchasing the land, or adjusting the license terms to allow building.
Mrs Noke, 53, pleaded her case stating: "It's a house we've known for many, many years and we were fortunate enough to be able to buy it and have my parents in the cottage.
"At the end of the day, our thing is if there are possible options, however lengthy, who is gaining from hauling it down? What are they gaining by insisting we take it down?
"If we had done it on purpose, then I'd get it. I just feel we are in such a different position to that - can we find a way around it with humility. We are the innocent party that has fallen foul of a procedure."
Mr Noke appealed to the New Forest's Verderers' Court who are responsible for the forest, stating: "I applied for planning permission on the belief that I had ownership of the land having had no indication otherwise.
"I would not have applied for planning permission if l thought that the land did not belong to me.
The Verderers' Court stated: "It was agreed that it is not for the Court to decide the way forward to resolve this dispute.
"A land swap will be considered should Forestry England bring forward a proposal that is supported by all landowners concerned."
The couple now await a response from Forestry England.
News Editor Joseph has previously written for Today’s Media and Chambers & Partners, focusing on news for conveyancers and industry professionals. Joseph has just started his own self build project, building his own home on his family’s farm with planning permission for a timber frame, three-bedroom house in a one-acre field. The foundation work has already begun and he hopes to have the home built in the next year. Prior to this he renovated his family's home as well as doing several DIY projects, including installing a shower, building sheds, and livestock fences and shelters for the farm’s animals. Outside of homebuilding, Joseph loves rugby and has written for Rugby World, the world’s largest rugby magazine.