Yorkshire Dales creamery founder faces criminal action over home repairs

And grandfather Michael Webster, from Gayle in Wensleydale, North Yorkshire, is angry at being told he cannot speak in his own defence at the enforcement meeting where the alleged breach of planning rules will be discussed.

The 66-year-old, who says he was only water-proofing a damp wall which would be covered with the same materials it was built in, said he felt “totally powerless” when he was unable to respond to points made at the Yorkshire Dales National Park Authority (YDNPA) meeting.

“I’m absolutely astonished at the decision,” said county councillor John Blackie, (Ind, Upper Dales), a member of the authority since 1997. “The YDNPA is ruling out the process of legitimate lobbying, the bastion of natural justice and fairness and the very bedrock of local democracy.”

Mr Webster has lived in his 100-year-old Gayle home with wife Elaine for the past 30 years. He has battled all that time with a wall which lets in damp, water running down into the bedroom in the worst of weathers.

Last summer he removed some of the cement rendering to waterproof underneath but, he says, the goal was always to restore it to its former state.

Before he could complete the job he was stopped by enforcement officers at the YDNPA, and told he was in breach of the rules as he needed permission.

“All of a sudden I’ve gone from being a decent, law-abiding citizen, to a potential criminal,” he said. “It’s outrageous.”

Mr Webster, determined to explain his actions, asked to speak at an enforcement meeting held on Tuesday to examine his alleged breach, but he was refused.

Instead, he set up a panel board in protest to demonstrate what the finished wall would look like - standing outside the meeting with it as councillors went in.

“I wasn’t allowed to speak,” he said. “I sat there in silence at the back. I heard all sorts being said by members who clearly didn’t grasp the full concept - and I couldn’t put it right.

“I feel totally powerless,” he added. “Like I’m standing in the middle of the road just waiting for the wagon to hit.”

Coun Blackie, who is also chairman of Hawes Parish Council, raised the issue at its meeting on Monday and as a result the council is now considering taking the case to the Local Government Ombudsman.

“This is ruling out one of the fundamental tenets of local democracy - the right to lobby,” he said. “Mr Webster feels he has been denied a proper hearing. He feels silenced by these rules.”

The YDNPA says it allows people to give a presentation in support of a planning application but, in common with many other authorities, this is not allowed in enforcement cases.

“Enforcement actions are often initiated by complaints from residents who expect – and are entitled to – confidentiality,” said Richard Graham, head of development management. “Most of those who make a complaint wouldn’t be comfortable speaking in public at a committee meeting so it could be perceived as being unfair if the developer was allowed to speak. People can still put their point across by writing to committee members.”

Mr Webster has now been given three months to submit a planning application, and told he can speak then.

“This will mean that proper procedure can be followed,” said Mr Graham.