A FARMER who covertly built a five bedroom house under the noses of officials is attempting to take the issue out of the council's hands after they delayed making a final decision.

Len Barker, 60, of Barker’s farm in Theydon Mount, covertly built a five bedroom house on his land, claiming it was a dairy barn to planning officers.

In August 2010 the council deferred granting Mr Barker retrospective planning permission in view of the fact that the house had already been standing for five years, awaiting the result of a similar case involving Hertfordshire Council.

However, their failure to make a final decision for nine months has allowed Mr Barker to appeal the delay, in a bid for the issue to be decided by the Secretary of State and taken out of the hands of local authorities.

After seeking legal advice the district council now believe there are grounds for refusing retrospective planning permission.

Len Barker said: “The council have still not made a decision. They have had a long time and I want to see all of the evidence they have.

“I have got planning permission for this building. That is the truth and nothing but the truth.

“The building is not a five bedroom house as some have claimed. It is part of an office extension.”

An Epping Forest District Council spokesman said: "We believe we have grounds for not granting Mr Barker's application. Essentially, Mr Barker's application is made on the basis that it is too late for the Council to take enforcement action against the use but we are now of the opinion that it is not too late for us to take enforcement action.

"Over the next few weeks and months we will therefore be agreeing and defending our position in relation to Mr Barker's appeal to the Planning Inspectorate. Officers will also give consideration to whether it is expedient to take enforcement action against the residential use under powers delegated to them by Members."