A NEW public inquiry could decide the fate of a castle built in secret.
Salfords farmer Robert Fidler built his citadel without planning permission in 2002, hiding it behind stacks of straw bales before unveiling it in 2006.
Since then, Mr Fidler, who has been farming on the green belt site for 40 years, has been locked in an eight-year battle with Reigate and Banstead Borough Council, the authority responsible for planning issues.
At the time, he believed the property, on Honeycrock Farm in Axes Lane, Salfords, was immune from council enforcement under the "four-year rule" contained in the Town and Country Planning Act 1990, which provides protection for buildings that have been standing for four years. But the council ordered its demolition, a decision upheld by the planning inspectorate.
Mr Fidler has since failed in attempts to overturn the decision, including an earlier public inquiry in 2008 and an unsuccessful plea to the High Court.
In March last year, Mr Fidler submitted another application to save his home but the council's planning committee again rejected the proposals, with some claiming a lack of cattle on the farm site meant he had no reason to live there. It was suggested a full-time, live-in worker would not be required until the farm was managing 60 cows.
But in February this year, Mr Fidler submitted a new planning application to retain the property on the basis of agricultural need, along with the conservatory, fish pond, patio, hard standing, walls and garden.
A 72-page report by Kernon Countryside Consultants, submitted with that application, claimed Mr Fidler had more than 100 cattle. It claimed Mr Fidler's herd was significantly depleted when the last application was submitted because most of it had been incinerated during the "mad cow disease" crisis.
But that application was refused by the council's planning committee on April 9.
Then, on June 13, the council obtained a High Court injunction requiring Mr Fidler to comply with four outstanding enforcement notices to demolish the house, along with its associated features.
The court also ordered Mr Fidler to pay costs of £7,000 to the council.
The injunction means he must demolish the building, conservatory, patio, and associated features he built without planning permission.
Mr Fidler was given 90 days to demolish the house and associated development, subject to the outcome of his one outstanding planning appeal, lodged earlier that day.
Mr Fidler's appeal against February's refusal of planning permission will now be heard at a public inquiry at Reigate Town Hall on November 4 and 5.
A spokesman for Reigate and Banstead Borough Council said it would not be commenting on the case while it was ongoing.
Mr Fidler said: "Three independent agricultural advisors, two of which have been employed by Reigate and Banstead Borough Council, one of which was employed by me, have all come to the conclusion that there's an essential need for the farmer to live permanently on the site.
"This is because I have a herd of suckled Sussex cattle; in excess of 100 cattle.
"Despite these findings, the Reigate and Banstead planning officers, or the planning committee, seem determined to have the only house on Honeycrock Farm demolished and this refusal is to be heard by the inspectorate at this appeal."
