Wealthy businessman battles council over 10-year land use claim for outbuildings and tennis court
Mark Hepburn carried out the work without planning permission after claiming it qualified for permitted development rights

A wealthy businessman may be forced to demolish two outbuildings and a tennis court after a council rejected his 10-year planning exemption claim.
Mark Hepburn, 52, a Starbucks franchise owner, argued the land he built on qualified for permitted development rights after 10 years of continuous residential usage, meaning planning permission was not required.
However, Winchester City Council rejected this application after claiming the 10-year claim was "less than probable."
What was built?
Hepburn constructed two outbuildings that included a gym, as well as a tennis court on the land behind his property and a play area with a large toy castle.
These were built on three-acres of agricultural land, which remains subject to strict planning controls.
Hepburn’s 10-year claim for lawful development
Hepburn sought a Lawful Development Certificate on the basis that the land had been used as part of the residential property for over a decade.
In his appeal, he argued that the land in question had been used for purposes incidental to the enjoyment of Cupressus for at least ten years, thus making it eligible for permitted development rights.
Get the Homebuilding & Renovating Newsletter
Bring your dream home to life with expert advice, how to guides and design inspiration. Sign up for our newsletter and get two free tickets to a Homebuilding & Renovating Show near you.
In a letter, Hepburn stated: "All of the land has been used for purposes incidental to the enjoyment of Cupressus for in excess of 10 years."
Council find 10-year claim 'less than probable'
Winchester City Council argued that the evidence presented by Hepburn was inadequate to establish a continuous ten-year residential use of the land.
The council noted that while Hepburn had owned the property since 2017, this only accounted for approximately five and a half years of use, falling short of the required decade.
In its decision, the council cited government planning guidance, which states that an application must describe precisely what is being applied for and provide sufficient evidence. The council maintained that Hepburn’s evidence did not satisfy these requirements and that other records contradicted his claims.
"The Local Planning Authority maintains that the Appellant has failed to demonstrate on a balance of probabilities that the use of the land has been as an extended garden for the requisite 10-year period," the council stated.
The authority also highlighted that there was evidence that contradicted Hepburn’s claim, making his version of events "less than probable."
Man appeals against decision
Unwilling to back down, Hepburn has decided to appeal the council’s refusal, arguing that their decision was made in error.
His case will now go before a planning inspector, who will review both sides’ arguments and determine whether the council's decision should be overturned.
For now, the fate of the outbuildings and tennis court remains uncertain, as the appeal process could either validate Hepburn’s claims or force the removal of the structures. If the appeal fails, Hepburn may be required to restore the land to its original agricultural state, further escalating the dispute.
As the case unfolds, it highlights the challenges faced by homeowners seeking to expand their properties without explicit planning permission, as well as the strict regulatory environment governing land use in rural areas.
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.