A couple are being sued for £300,000 after they failed to tell the buyers of their £1million home about plans for an American-style drive-thru and 61-room motel ‘next-door.’
Philip Ash, 66, and his wife Elisabeth, 62, advertised their property as ‘a stunning barn conversion with excellent equestrian facilities’ set in quintessential English countryside near Buckland village, in Oxfordshire.
But what they didn’t tell buyers Adrian and Lisa Powell was that plans had already been approved for a 50s ‘Grease’-style diner and motel, by owners Soho House, with flood-lit car park and huge neon signs on adjoining land.
The Powells, who had been looking for ‘the right house’ for six years before finding the barn – which came with three acres of land – were so sure they had found their perfect home they even bought a horse in preparation for moving in.
But they say they were ‘horrified’ to later learn of the ‘in your face’ motel plans so close to their dream home – especially when the sellers had themselves objected to it.
Despite having exchanged contracts, they pulled out of the purchase before it was completed and are now suing for over £300,000, demanding a refund of the deposit they paid for the house and land plus damages, including to cover the cost of the horse.
Adrian and Lisa Powell (pictured) are now suing for over £300,000, demanding a refund of the deposit they paid for the house and land plus damages, including to cover the cost of the horse
Giving evidence in court, horse-loving Mrs Powell said she had been ‘excited’ after spotting the property Lake Barn (pictured) in 2017
But at Central London County Court, Mr and Mrs Ash denied misleading the Powells, who they claim used the motel plan in an attempt to get a cheaper price for their home.
Giving evidence before Judge Simon Monty QC, horse-loving Mrs Powell said she had been ‘excited’ after spotting the Ashes’ property Lake Barn in 2017, as over three acres of paddock came with it.
They were told by Mr and Mrs Ash in the house sellers’ questionnaire that they did not know of any nearby development which might affect the picturesque barn conversion, which sits on the bank of a lake on a former dairy farm.
And it was only after contracts were exchanged that they learned of the large-scale redevelopment of a former Little Chef nearby on the A420.
The neon-lit Mollie’s Motel and Diner has since been built by owners Soho House and was opened at a star-studded reception attended by Declan Donnelly, Jeremy Clarkson and Paloma Faith in January this year.
It was developed by Nick Jones, who is friends with the Duke and Duchess of Sussex and is founder of the Soho House empire that operates trendy hotels, restaurants and clubs everywhere from London’s Soho to Berlin, Mumbai, New York and Chicago, Barcelona, and Amsterdam.
Philip Ash, 66, and his wife Elisabeth, 62, (pictured) advertised their property as ‘a stunning barn conversion with excellent equestrian facilities’ set in quintessential English countryside
The neon-lit Mollie’s Motel and Diner has since been built by owners Soho House
The motel, pictured, is situated off a busy stretch of the A420 between Oxford and Swindon. It draws inspiration from the traditional American motel and diner and is lit with a huge neon sign
Changes to the plans resulted in it having 79 rooms, not the 61 originally approved.
For the Powells, barrister Ewan Paton said the Ashes had made ‘false, misleading and/or inaccurate pre-contact statements’ which entitled the Powells to tear up the contract and be refunded their £108,000 deposit.
They are also due over £200,000 compensation from the Ashes, having spent money in connection with the aborted purchase, including on new furniture and a horse, he claimed.
‘Mr and Mrs Ash, personally and as part of a local residents’ group, were aware of and had made repeated objections to the original planning application, often in strong terms, on grounds – amongst others – of visual impact, effect on amenity, noise, lighting, crime and traffic,’ he said.
‘There was a major ‘proposal to develop land nearby’ of which the Ashes not only knew, but which they had personally opposed in vehement terms, specifically in their capacity as nearby owners and residents affected by it.’
A map showing the location of the barn conversion and the new motel near Buckland, Oxfordshire
The barn and paddock have since sold to another buyer very recently for the reduced price of £985,000, the court heard
He added: ‘Those answers cannot reasonably have been given with a genuine belief that they were accurate. At best they were given recklessly.’
Giving evidence, Mrs Powell, now of Cothill, Oxfordshire, said she had viewed the property and, having been told by Mrs Ash that she had horses and ran a small livery business there, became ‘very excited’ and immediately started to make plans to do the same herself.
They agreed a price of £1.085m in November 2017, but the sale process dragged on into the new year and the mother-of-two admitted that by mid-February she had become aware of a potential development at the then unused former Little Chef.
But she had no idea that something far larger than what was there before was in the planning, she told the judge from the witness box.
‘I assumed it was a bigger version of the Little Chef building,’ she said.
The neon-lit Mollie’s Motel and Diner has since been built by owners Soho House and was opened at a star-studded reception attended by Declan Donnelly (left, with his wife Ali Astall) Jeremy Clarkson (right) broadcaster Richard Bacon (right) and Paloma Faith in January this year
Inspired by the classic American diner, Mollie’s is a motel, diner and drive-thru
The American style diner at the new motel complex near Buckland, Oxfordshire
‘Because we had exchanged by then, I assumed it couldn’t be anything else, because we would know about it.
‘When we decided to buy Lake Barn we had absolutely no idea about any development whatsoever.’
In his evidence, Mr Powell, 53, a successful property developer, told the judge he had eventually learned of the development by mid-March and was ‘horrified’.
‘I was pretty shocked to find this development next-door,’ he added.
The Powells say that, following discovery of the cloud hanging over the property, they rescinded the contract and cancelled the purchase.
They were ‘not now getting what they had bargained for,’ since the nearby development had reduced its value from the £1million-plus they had agreed to pay.
But, accusing them of a ‘cynical’ and ‘dishonest’ attempt to get a cut price deal, the Ashes insist they did nothing wrong in not mentioning the motel plans.
At the time they filled in the property sellers’ questionnaire, they did not consider that the development would have an effect on their home, their barrister, Andy Creer, said.
The motel is not visible from the barn itself – only from the paddock area, which is separated from their home by a few yards – and they believed the form they were filling in only applied to the house, she argued.
‘Had the local planning authority considered that the planning application ‘affected’ Lake Barn, then they would have sent notice to the Ashes,’ said Ms Creer.
‘More importantly, their answers were given honestly. The questions…only related to their home, not the paddock.’
‘The defence denies any representation was fraudulent or reckless,’ she continued.
‘Whilst not the Ashes’ primary case, at most any misrepresentation was entirely innocent, which does not give rise to a contractual right to rescind.’
Mr Paton said the Ashes had put their name to ‘repeated and multiple objections’ to the plans, which showed the proposals did in fact affect their property.
In one, the plans were described as ‘massively overbearing’ and ‘in your face,’ he said.
The house and paddock were marketed as one, he added.
But in her own evidence, Mrs Ash said they had only added their names to the objections to support another neighbour whose property was directly affected.
‘You can’t see the paddocks or the built motel from Lake Barn,’ she said.
‘Unless it was 20 storeys high, you would never be able to see anything on the Little Chef site from Lake Barn.’
The Ashes say it was they who validly rescinded the contract – for non-completion – and that the Powells’ £108,000 deposit is forfeited.
Even if the Ashes lose, they say the Powells’ £300,000 claim is too high, since it was their own fault that they bought a horse and furniture before the sale went through.
The barn and paddock have since sold to another buyer very recently for the reduced price of £985,000, the court heard.
The case continues.