An elderly property developer has been refused planning permission three times by Ashford Borough Council to build a single-storey bungalow with care facilities on his own land in Smarden, Kent. David Marks, 78, wants to construct the home to care for his wife Yvonne, who suffers from dementia and Parkinson's disease and has been residing in a care home for nearly three years. The repeated rejections have prompted Marks to appeal to the Planning Inspectorate, though he expresses concern that his wife's end-of-life circumstances may not allow sufficient time for construction to complete if permission is eventually granted.

Marks initially submitted plans for a larger eco-house with five bedrooms, which were rejected as an overdevelopment of the rural area. His subsequent application for a simpler single-storey bungalow received support from neighbouring residents and the parish council, who highlighted the lack of accessible single-level housing in Kent and the needs of an ageing population. However, in June the borough council's planning officer rejected the proposal, stating it would wrongly encroach on a greenfield site, whilst acknowledging the human rights considerations involved. Marks is the managing director of DaVinci Properties, established in 1989, and he previously developed the site—a former Church Farm—by converting industrial units into eight residential homes.