Unauthorised spa is to be demolished within three months after Planning Inspectorate rejects appeal.
Image source, ReutersThe family of Capt Sir Tom Moore have lost a planning application appeal against the demolition of an unauthorised home spa in their garden.
The celebrated fundraiser’s daughter, Hannah Ingram-Moore, and her husband had appealed against the order by Central Bedfordshire Council.
They used the Captain Tom Foundation name on the first plans, before a revised application was turned down.
The family have three months to comply with an existing demolition order.
The Planning Inspectorate dismissed their appeal after a hearing last month.
The BBC has attempted to contact Ms Ingram-Moore.
In a letter announcing the decision, Inspector Diane Fleming said the “scale and massing” of the partially built building had “resulted in harm” to The Old Rectory, the family home and a Grade II listed building in Marston Moretaine.
Capt Sir Tom walked 100 laps of his Bedfordshire garden at the start of the first coronavirus lockdown in 2020, raising more than £38m for NHS Charities Together.
He was knighted by the late Queen during a unique open-air ceremony at Windsor Castle in the summer of that year.
The army veteran, who was born in Keighley, West Yorkshire, died in February 2021 aged 100.
After he became an international figure, his family set up a separate charity in his name which is currently under investigation by the Charity Commission, amid concerns his family may have profited from using his name.
During the Planning Inspectorate hearing, family lawyer Scott Stemp said the foundation was “unlikely to exist” in the future.
Mr Stemp said: “It’s not news to anybody that the foundation, it seems, is to be closed down following an investigation by the Charity Commission.”
The building, on the grounds of the family home where he completed his charity walk, was originally approved for the use of the occupiers and the Captain Tom Foundation, and was granted planning permission in August 2021.
The council told the hearing it had been impressed upon them that the building was urgently needed for foundation activities and primarily to house memorabilia.
It had been partially constructed when a revised application was submitted to Central Bedfordshire Council in February 2022, which included a spa pool, toilets and a kitchen “for private use”.
The revised plans, for what was called the Captain Tom Building, were turned down by the council in November 2022.
Image source, Getty Images
During the hearing, representatives for the family said the building would enable the public to enjoy Capt Tom’s work and the spa pool would offer “rehabilitation sessions”.
‘Laudable intentions’
The rest of the building would be used for coffee mornings and charity meetings to combat elderly loneliness, the hearing was told.
However, Ms Fleming said while the appellant’s intentions were “laudable”, there was no detailed evidence of how this would work in practice.
“In the absence of any substantiated information, I find the suggested public benefit would therefore not outweigh the great weight to be given to the harm to the heritage asset,” she stated in her decision.
However, Ms Fleming did state the building had not caused “unacceptable harm” to the character and appearance of the area, or local residents.
Image source, PA Media
Ms Fleming, in her decision, removed the requirement for the family to restore the land to its previous condition.
The family argued this was unreasonable as it would mean reinstating tennis courts, which would then be demolished to allow for an L-shaped building, which had already been approved.
Neighbour Jill Bozdogan, 70, had objected to the building – close to the fence with her garden – and said she was “really pleased” it would be demolished.
She said: “I think it’s a load off everyone’s mind and, to be honest, I think now people can start to move forward.”
Image source, Jo Black/BBC
Ms Bozdogan said she and her mother had avoided coming into the garden because of the building, which she said did “nothing for the surrounding area” and did not “blend in” with the other buildings.
Ms Ingram-Moore and her husband had asked for 12 months to comply with the demolition notice, to “allow for sufficient time to source appropriate contractors and for the site to be left in a fit condition, ready to implement the L-shaped building planning permission.”
The request was refused by the Planning Inspectorate, which has given them three months to demolish it.
“An extension of time has not been justified in any detail and it is therefore considered that the period for compliance is reasonable. As such, I see no cause to vary it,” Ms Fleming concluded.
‘Robust action’
The family can apply for a judicial review at the High Court within six weeks of the Inspectorate decision if they believe there has been an error in law.
Mary Walsh, Central Bedfordshire Council’s cabinet member for planning and development, said: “Naturally, we are pleased that the Planning Inspector has dismissed this appeal and upheld the council’s requirement that the building is demolished.
“We will always take robust enforcement action when it is appropriate to do so.”
She added: “Our next steps are to monitor compliance with the enforcement notice and expect the building to be demolished within three months, as set out in the Inspector’s decision.”
