18 March 2024 , 09:58
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A couple have been ordered to demolish a £100k extension they built at their £2.1million, eight acre estate - despite being granted permission to build it on protected land.
Wayne Noke and his wife, Natalie, gained planning permission from their local council to build a living space for their elderly parents at their home in the New Forest village of Bartley, Hampshire, last year. But close to completion of the building work, Forestry England (FE) has threatened them with legal action.
The couple, who bought the five bedroom home and accompanying cottage in August 2021, say they were told the land they were building on did not belong to them but was "Crown land". Work has now been halted at their property amid fears they will have to tear down the oak frame and slatted roof structure.
They purchased the property along with her parents, Michael and Catherine Drummond, in what they described as a "dream" living arrangement. Mr Drummond, 80, suffers from Parkinson's, which led to the couple applying for planning permission to build an extension, so he could comfortably live on the ground floor.
Wayne and Natalie Noke were granted planning permission for the construction at their £2.1 million eight acre home in the Hampshire New Forest last summer (David Clarke/Solent News)But unbeknown to them, they were building the extension on land that didn't belong to them thanks to a decades old law. A licence for use has been in force since 1983 preventing other people using it - but it does not permit the Nokes to build on a strip around three sides of the property.
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The couple - who run a haulage firm together - insist a letter sent from Forestry England in September informing them of the land's real ownership was the first they'd heard of it - because the licence was not included on the title deeds. According to the Forestry England website, 90% of The New Forest is owned by The Crown Estate and has been managed by Forestry England since 1923.
The couple, who insist they are "innocent", are appealing for an agreement to be reached via a land swap, purchasing the land from The Crown or changing the terms of the licence that would permit them to build on the site. Speaking to the MailOnline, Mrs Noke, 53, said: '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."
Her husband says neither their solicitors nor the previous homeowners were aware of this licence as it is not on the title deeds. She continued: "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."
According to the Forestry England website, 90% of The New Forest is owned by The Crown Estate (David Clarke/Solent News)Now chaos has ensued in the couple's household, with her father - who has mobility issues - forced to live in the lounge so he can access a toilet without walking upstairs. She said: "At the end of the day, our thing is if there are possible options, however lengthy, who is gaining from hauling it down?
"The fence is still there, people won't be able to use the land. 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."
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In January of this year, Mr Noke appealed to the ancient New Forest's Verderers' Court - responsible for the upkeep of the forest - for a land swap solution. He told the open court: "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."
"We are therefore left in a situation whereby there is a small area of forestry land - which we previously believed to be ours - which is inaccessible to Commoner or the public. [FE] have written to us to demand that we take down the extension failing which legal proceedings will be taken against us. We regard ourselves as innocent parties in all of this and want to try and resolve the matter amicably for the benefit of all parties and without the need for legal proceedings."
The Nokes' pictured with Natalie's 80-year-old father Michael Drummond (David Clarke/Solent News)In response to what has been deemed "illegal encroachment", the Verderers said: '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. However, it will have to be on a value basis not area for area.
"The Court has generally only agreed land swaps in exceptional circumstance and where such a swap is in the public, rather than merely a private interest." In light of these comments, the couple are now awaiting a response from Forestry England. They have also written to their local MP for the New Forest East, Dr Julian Lewis, who they claim is "supportive" of the couple's plight
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A Forestry England spokesperson said: "We have been in discussion on this matter with Mr Noke directly and via legal representation since the very early stages of the building work. The issues focus on building carried out on Forestry England land designated and protected as part of the New Forest. Whilst these discussions are ongoing we can't provide further comment."