Mark Hepburn, a former Starbucks franchise owner who amassed a fortune with his company 23.5 Degrees, finds himself locked in a contentious planning dispute with Winchester City Council over alterations made to his £800,000 six-bedroom mansion in Durley, near Southampton. The council has issued an enforcement order demanding the demolition of several additions to his three-acre property, including a swimming pool, tennis court, and bar. Hepburn vehemently contests the order, arguing that the previous owners utilized the land in a similar manner and that his modifications align with the established use of the property.

The central issue revolves around the classification of Hepburn’s land. While the main house is undoubtedly residential, the surrounding three-acre area has historically been designated for agricultural use. Hepburn’s family, including his wife and three children, moved onto the property in 2017, drawn to the spacious garden. They envisioned a lifestyle that incorporated the outdoor space for family activities and even purchased alpacas, kept as pets. This prompted the council to require Hepburn to formally apply for a change of use from agricultural to residential, a request he submitted in May 2023.

The council subsequently rejected Hepburn’s application, citing insufficient evidence to prove the land had been used as a residential garden for the required ten-year period. Hepburn contends he possesses evidence demonstrating residential garden use dating back to 1988. Despite the rejection, he proceeded with the construction of a tennis court, a bar, and a gym, all housed in wooden structures, believing he already held the right to build them. This act of defiance has further escalated the dispute with the council.

Neighboring residents have also voiced their concerns about the changes to Hepburn’s property. David Bushby and Dawn Castell, in a joint statement, emphasized the recent conversion of the land into formal pasture for the alpacas and other animals previously kept on the property. They questioned the justification for the change of use application, considering the land’s recent redevelopment into pasture. Their primary concern lies in the potential for increased development and urbanization of the countryside if Hepburn’s application were to be approved, a prospect they believe contradicts local authority plans.

Another neighbor, Mark Day, a long-term resident of the village, recalled the historical use of the land for horticultural purposes and grazing, with a short period of fallow time. His memories, stemming from childhood visits to his grandparents, solidify his belief that the land should retain its agricultural designation for the foreseeable future. These objections from neighbors further complicate Hepburn’s situation, adding another layer of opposition to his plans.

The ongoing inquiry centers on the conflicting interpretations of the land’s historical use and whether Hepburn’s modifications constitute a significant departure from its established character. The council maintains its stance on the agricultural designation, while Hepburn insists his use aligns with the previous owners’ practices. The dispute highlights the complexities of planning regulations and the potential clash between individual property rights and community concerns about preserving the character of the surrounding environment. The outcome of the inquiry will determine the future of Hepburn’s additions to his property and whether he will be forced to dismantle the amenities he has created for his family.

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