A father who spent his life savings on a rooftop safe haven for his son to play in after a man was shot on their ‘doorstep’ has been ordered to tear it down by the council.
Electrician Jon O’Brien bought his family home in Acton, west London, in 2021 but just months later a 23-year-old was brutally murdered on the street.
Terrified of his now seven-year-old son falling victim to London’s growing street crime epidemic he spent £40,000 building a wooden games room on top of his flat.
And despite multiple young children in the area spending time playing in the makeshift games hub Ealing Council have demanded Mr O’Brien tears it down.
He told the Daily Mail: ‘Someone was murdered outside the front of our place and it was so close there were flowers in our driveway.
‘We were new to the neighbourhood and didn’t know if this was going to be a consistent thing.
‘Its all about safety because to be honest with you London’s not the safest place as is.’
Mr O’Brian paid an architect to build the structure, which is fitted with a table tennis table, who claimed he had obtained planning permission from the council.
Terrified of his now seven-year-old son falling victim to London’s growing street crime epidemic he spent £40,000 building a wooden games room on top of his flat
Despite multiple young children in the area spending time playing in the makeshift games hub Ealing Council have demanded Mr O’Brien tears it down
He only realised this was not the case when someone from the local authority showed up on his doorstep and informed him.
‘It cost £40,000, which was our life savings at the time, to get the architect involved to liaise with the council which he said he did,’ he added.
‘But I think we were played.
‘That cleaned us out, but you would do it for safety and it can be used all year round and I don’t even want to think about how much its going to cost to take down.’
The council have ordered the structure is torn down because it ‘harms the character of the area’.
Mr O’Brien took his fight to the Planning Inspectorate, arguing the rooftop retreat was built out of fear for his family’s safety.
The inspector sympathised: ‘The appellant has highlighted his concerns regarding anti-social and violent incidents in the area, including the undoubtedly distressing murder case not far from his property.
‘He explains that as a family with a young child he decided to build the extension as a safe and welcoming space for his children to spend their spare time, and to that end, I saw that its primary use is as a games room.
‘I therefore understand the appellant’s security concerns and the importance of the development to him and his family. However, the property provides alternative secure external amenity space, albeit uncovered.
‘Therefore, whilst I appreciate how disappointing my decision will be to the appellant, I find that the benefits advanced do not outweigh the harms I have described.’
Mr O’Brien is desperate to keep the structure in place so his son Del can continue to play safely in the area.
Electrician Jonathan O’Brien with his partner Thais and seven-year-old son Del
The council have ordered the structure is torn down because it ‘harms the character of the area’
He even added that the tenants of the main complainant play in the space.
‘We’ve gone back to the council and said we can redesign it but they’re not even interested in doing that,’ he said.
‘In my books that’s very rude, there’s plenty of things we can do to redesign it and have it as a safe space.
The family are now considering moving homes or leaving London altogether.
‘There’s so much on the table, as soon as it came through I looked at another property but obviously we won’t be able to sell this until the structure comes down, its just a knee jerk reaction.
‘Leaving London, I don’t know because of schools but that’s definitely one option on the table.’
Mr O’Brien has three months to demolish the structure and clear all debris.
An Ealing Council spokesperson said: ‘The Planning Inspectorate has dismissed the owners planning appeal and upheld the council’s enforcement notice.
‘The inspector found the unauthorised roof extension and staircase caused unacceptable harm to neighbouring residents, including loss of light, outlook and privacy, and conflicted with planning policy.
‘While we understand the personal circumstances put forward, the Inspector was clear that these did not outweigh the planning harm identified. Planning decisions must be made in accordance with planning legislation.’
