A countryside property can be a private retreat, but transforming agricultural land into an elaborate leisure complex can bring planning rules into sharp focus. In Durley, near Southampton, a former Starbucks franchise executive’s ambitious garden makeover has ended in a planning setback after a three-year dispute. A planning inspector has backed Winchester City Council’s enforcement action, requiring the removal of the unauthorised tennis court and associated structures, alongside an end to the land’s unauthorised residential use, within six months.
From countryside plot To leisure complex
Mark Hepburn, 53, purchased the property known as Cupressus for £740,000 in December 2017, according to The Sun. The six-bedroom home’s surrounding land was subsequently transformed with a range of recreational and residential features, including a bright blue tennis court, children’s playground, gym, bar and television room.The changes also included artificial grass, timber buildings and a gravel car park. The grounds reportedly housed a pen for the family’s pet micro-pigs and space for a flock of alpacas.However, the development attracted scrutiny from Winchester City Council, which maintained that the land was agricultural and could not lawfully be used as an extension of the residential garden. Hepburn argued that previous owners had used the land as a garden for years, but retrospective planning permission was refused twice before the council issued an enforcement notice, states another report by The Independent.
Neighbours raise concerns
The development became a source of tension among neighbouring residents, who raised concerns about noise, lighting, changes to the landscape and the impact on local wildlife.According to The Sun, residents complained about late-night parties, outdoor discos and lights that remained on overnight, illuminating the tennis court, swimming pool and other parts of the property. Some also alleged that mature trees had been removed and that fencing had affected the movement of wildlife, including badgers, deer and foxes.Other neighbours expressed concern about the effect of the development on the area’s rural appearance, pointing to the brightly coloured court, playground and additional buildings as a departure from the previously open countryside, states another report by Daily Mail.These objections formed part of a wider planning dispute over whether the land’s transformation was compatible with its agricultural status and surrounding landscape.
Planning inspector upholds enforcement
In its official statement, Winchester City Council confirmed that a planning inspector had dismissed two linked appeals relating to the land at Cupressus, on Durley Brook Road.The inspector concluded that the unauthorised residential use of agricultural land and the associated development would harm the character of the countryside and conflict with relevant planning policies. The decision upheld the council’s enforcement action and dismissed a related planning appeal.The ruling grants Hepburn six months to comply with the enforcement notice. The required measures include removing the unauthorised tennis court and associated development, as well as ending the land’s unauthorised residential use.The council said its enforcement service had worked over several years to address the planning breaches and secure compliance with local planning controls.
Business success meets planning rules
Hepburn is known for co-founding 23.5 Degrees, described as the UK’s first independent Starbucks franchise. According to The Sun, the business operated 115 outlets before it was sold in October 2014 in a deal reportedly valued at around £140 million.The outcome at Cupressus underlines the distinction between owning private land and having permission to change how it is used.Winchester City Council said it would continue working with the landowner to ensure the necessary action is completed within the inspector’s six-month deadline. The decision also reinforces the council’s stated commitment to taking proportionate enforcement action against unauthorised development.For Hepburn, the ruling marks a significant setback in a prolonged planning dispute. For the council, it confirms that agricultural land and the character of the surrounding countryside remain subject to planning controls, even when extensive changes have already been made.Image Courtesy: istock
