A PROMINENT councillor has urged Darlington Borough Council to act over a house built without planning permission on land it partly owns.

The ‘prefab’ house on the southbound side of the A68 leading up to the Swan House roundabout on the town's western outskirts has been standing since the weekend of November 8, after the land was fenced off – also without permission - on May 15.

It is not known who enclosed the land or put up the building and Heighington ward councillor Gerald Lee is concerned the developer did not apply for permission or go through any official channels.

He said: “It’s something that you or I just wouldn’t be able to do - to build on land without planning permission [and] to build on a weekend, which was very convenient as the council was not in session.”

In the dispute dating back to mid-May, Cllr Lee has repeatedly contacted the council’s estates and property department and initially it was unclear who owned the land.

It was later confirmed that the council own only part of it outright with the remainder being ‘owned’ under a legal presumption called the ad medium filum rule, weakening their legal claim to it and making a legal case against the occupants difficult.

Despite this wrangling, legal action did begin in August but by this point the opportunity for council officers to talk to the unofficial occupiers in person had been missed.

It also made expensive legal action necessary.

In early November, things escalated when a small shed was built on the site, along with an unofficial access road leading onto the A68 – a road with a 60mph speed limit.

On November 8, the larger building was erected.

In an email sent to the council’s estates and property resources group, Cllr Lee said: “I understand that you may feel that this small strip of land is well outside the urban area of Darlington and little harm is being done but to me and many residents that is not the point.

“People are taking over land that they do not own and as such the authority must act.”

He added: “Should [the council] choose to close their eyes or take an eternity to take action, our planning authority will diminish accordingly.”

A council spokeswoman confirmed that the authority was investigating the situation.

She added: “Any issues regarding planning permission will be dealt with appropriately in due course."