Planning row erupts after bid to build bungalow for dying wife turned down THREE times by council

Mr Marks, who lives in Wateringbury, says he hopes to move into the new property and bring his wife home if the plans are approved, but he fears time is running out, describing his wife’s condition as “end of life”.

Ashford Borough Council has rejected his proposals on three separate occasions, with the latest application refused in June - to which Mr Marks has now appealed to the Planning Inspectorate.

The proposed bungalow would be built on land he already owns at the former Church Farm site, previously home to industrial units which Mr Marks converted into eight homes during the pandemic.

He is seeking to develop the remaining two-and-a-half acres behind those existing properties.

In his design and access statement, Mr Marks said: "The intention is for his relocation from his existing home to the bungalow, when approved and constructed, to relocate and personally care for his wife from the care home in Maidstone she has occupied for over two years, resulting from her dementia, Parkinson's disease and intense nursing requirements."

He also argued that normal self-build requirements could prevent the property being completed in time, saying "such regulations can not reasonably be expected to be compatible with this application, as it is possible that 'end of life' may occur before a self-build finish becomes possible."

David Marks wants to build the single-storey home in Smarden, Kent, with an attached care suite for his wife Yvonne

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His latest plans are considerably smaller than an earlier proposal for a five-bedroom, off-grid eco-house, which included solar panels, earth bunds, a pond designed to manage and recycle water, and surrounding orchards.

Those plans were rejected after Smarden Parish Council described them as an unsuitable “overdevelopment” of the countryside.

A further application was also refused after planners deemed the proposed house to not meet the requirements for an “exceptional” design, and would encroach into the countryside.

The latest, scaled-back proposal received no objection from the parish council, and even attracted support from neighbours.

One resident told the Daily Mail: "This application is in keeping with the existing development and will provide much-needed single-level living for the applicant and their disabled spouse.

"There is a total lack of single-level dwellings being built in Kent, with very few new developments including bungalows."

They pointed to an ageing population and residents living longer with health conditions that impact on their mobility, calling the refusal of a single-level dwelling a "madness".

Another neighbour said: 'We support this application as the proposal is in keeping with the character of the area and aligns with local planning policies. The single storey bungalow would improve the site's appearance."

Despite taking account of the “human rights issues”, the planning officer said the “proposal is unacceptable” and refused permission, citing the development of a greenfield site.

Mr Marks, managing director of DaVinci Properties, which he founded in 1989, argues in his appeal that the scheme would help address the council’s housing delivery shortfall.

He said: "In summary, the appeal proposal is aesthetically reasonable, with a design approach consistent with the attributes of local character and appearance, whilst bringing about the productive creation of a new home, at a time when there is a shortfall in the delivery of new homes."

An Ashford Borough Council spokesman said: "As this is a live application and currently going through the appeals process, we are unable to comment further."