Man jailed over council planning dispute

A man has been jailed after refusing to comply with a court order to demolish unauthorised buildings, according to Cheshire East Council.

It said Michael Merrill built a dwelling at a site known as Six Acres, on Wirswall Road, in Wirswall, near Whitchurch, for his family and a second for his mother-in-law and father-in-law.

The 53-year-old had also constructed other unauthorised buildings, all in open countryside and without planning permission, the local authority added.

Merrill was jailed for 12 months for contempt of court after continuing to ignore notices and injunctions dating as far back as 2014.

Cheshire East Council said Merrill was originally served with an enforcement notice in 2014 and ignored all other legal steps by the council to have the properties removed.

He claimed he had the right to "live on the land", it added, and that the Town and Country Planning Act did not apply to him and his wife, which was rejected by a judge.

The council was granted a High Court injunction in October 2022, which required the removal of the unauthorised development close to the Shropshire border.

But it said Merrill failed to comply with the injunction and on 26 January 2024 he was given a 12-month prison sentence, suspended for 12 months, for contempt of court.

He was given further opportunity to comply with the injunction, which required all residential use of the land cease by July 2024 and all unauthorised development be demolished and removed by January 2025.

But again, Merrill ignored the injunction, the council said. The matter was referred back to court for further contempt proceedings.

Merrill was sentenced in his absence, on 19 May 2025, to 12 months in prison.

Due to his failure to attend, the court heard a warrant was to be issued for his arrest, the local authority added. He was also ordered to pay the council's costs of £16,917.

Councillor David Jefferay, chair of Cheshire East Council's environment and communities committee, said: "Prison is the ultimate sanction which can be handed down by a court in matters concerning unauthorised development.

"They are not proceedings which are taken lightly by the council.

"However, where there exists a continuing flagrant breach of planning control and where a landowner continues to carry out further unauthorised development, despite an injunction being in place, there is little option left to us.

"Irrespective of the landowner serving time in prison, he is still required to comply with the requirements of the injunction - and these remain outstanding."

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