A successful entrepreneur has been ordered to dismantle his newly constructed £1.2 million residence after adding an unauthorized basement.
Michael Deller, 41, had initially received approval to erect a sleek four-bedroom villa featuring a modern design, intended to be a two-storey home.
Desiring an additional basement level, Deller claims he was advised to proceed with the construction and seek approval afterward.
Nevertheless, the local council rejected his after-the-fact application, now requiring the opulent dwelling to be demolished.
Local residents are outraged, arguing that the house was inappropriate from the onset.
One community member expressed to the council, “This situation exemplifies blatant land encroachment, ignoring the impact on wildlife, nearby homes, and the community.”
Another said: ‘The developer is clearly fuelled by greed and stupidity, to think he would get away with an underground basement and number of changes to the build. Come on planners. There cannot be one rule for some and not for others. This grotesque over development of land and is an eyesore for our family and lots of others to see everyday for the rest of our lives.’
The four-bedroom, three bathroom detached home is located in the garden of a house in upmarket Hove, East Sussex.
A businessman has been told to demolish his new luxury £1.2million home after he added a basement without permission
Michael Deller, 41, built the lavish four-bedroom modernist villa after being granted planning permission for a two-storey house
An estate agent listing for the property says it boasts 2,686 sq ft of living space, a modern open-plan layout, marble floors and ‘sleek, high-quality fittings’ throughout.
It has a spacious open-plan kitchen/living area, a 31x16ft dining space and bi-folding doors out into the garden.
The basement was built to provide a gym and cinema room, one guest bedroom and two additional store rooms.
Outside, the garden wraps around the large property with both lawned and paved areas.
A large patio with a built-in hot tub ‘creates the perfect spot for relaxation and entertaining’.
The home also has a gated driveway leading to off-street parking, which enhances the privacy from the road.
The council originally approved plans for what was then planned to be a three bedroom above-ground house in September 2020.
The site’s then-owner Maria Higgins sold the land to Mr Deller in June 2021 for £648,000.
Mr Deller, a property developer, then started to build the house but says he was discussing his plans for a basement with council officers.
He claims he was advised that if he put in a new application for a house with a basement, he would be charged a £40,000 community infrastructure levy (CIL) – a charge local authorities can levy on new build to fund infrastructure like schools, transport, and green spaces.
To avoid the charge Mr Deller claims the council advised him to carry out the building work and then apply for planning permission retrospectively.
He went ahead and completed building work in 2022, submitted the planning application for the finished basement plans then finished the building work.
But Brighton and Hove City Council rejected his application and, because the building was in breach of planning permission, he was issued with an enforcement notice requiring him to demolish the whole thing.
Mr Deller has now submitted another planning application to bring the house more in line with what was originally approved and to meet minimum building standards, such as light levels in the basement.
In the meantime Mr Deller is also offering the four-bedroom property for sale for £1.25m.
However, the local authority turned down his application and he has been told the luxury well-appointed home must be torn down
An estate agent listing for the property says it boasts 2,686 sq ft of living space, a modern open-plan layout, marble floors and ‘sleek, high-quality fittings’ throughout
On the estate agent listing it says: ‘The lower ground floor is currently the subject of planning enforcement. A planning application which is part retrospective has been submitted to regularise the position. This would allow the property to become a four-bedroom house once consent is granted. The basement will require reconfiguring as will external light wells.’
Neighbours say the property which has been built bears no resemblance to what was originally approved.
One neighbour is quoted in council papers as saying: ‘The property that has been built on this plot is not even remotely like what was approved and the outrageously shoddy and illicit conduct of this specific developer cannot simply go amiss by the council when he is notorious for this type of behaviour.
‘The fact the developer has been actively marketing the property for sale, all while an enforcement notice to demolish the property has been issued only cements his character as dishonest and immoral.’
‘Please do the honourable and right thing here and seek that the house is correctly demolished and the originally approved property is built in its place. Otherwise, we may as well all not give a damn and dig illegal basements under our properties without the slightest concern of planning.’
Another said: ‘There has been cynical manipulation of the planning process – a large, three-storey dwelling has been built with complete disregard for the original planning conditions.’
Councillor Alison Thomson, chair of the planning committee at Brighton & Hove City Council, said: ‘As a council, we wouldn’t encourage anyone to start work without the relevant planning permission.’
‘We would not comment on current planning applications other than to say we will, of course, take on board any comments made either in support or opposition to an application when considering any decision.’
