Sir Thayne Forbes has rejected the legal challenge mounted by Mr Robert Fidler to an Inspector's decision declaring his clandestine house unlawful. Mr Fidler had constructed the house within a structure of straw bales and tarpaulin, and lived in it for four years before removing the straw casing. His belief that the house had thereby accrued immunity from enforcement was not borne out by the local authority, Reigate and Banstead, which issued an enforcement notice. An inspector upheld the notice on appeal and the High Court rejected a challenge to the inspector's decision on 4 February 2010. The court held that the inspector was entitled to find as a fact that the straw casing and tarpaulin formed part of the 'building operations' for the purposes of s.171B; on that basis four years had not elapsed since the substantial completion of the building operations and the structure was not lawful. 
 
Rupert Warren appeared at the inquiry and in the High Court for the planning authority.

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