A landlord who built an outbuilding without planning consent has been ordered to pay in excess of £23,000, following a successful prosecution by Swale Borough Council.
Haig Squire built a red brick and block detached outbuilding at a property in Augustine Road, Minster. But he did not seek permission to erect the structure, which was not deemed suitable for a building of its size, location and use as non-residential storage.
The unlawful development was brought to the local authority’s attention after a complaint from a member of the public. Swale Borough Council later issued an enforcement notice for the removal of the ‘overbearing’ outbuilding in May 2019.
The enforcement notice was appealed, but this was dismissed in December 2019, and Squire was required to demolish the building and return the land to its original condition by 5 March 2020.
Squire failed to comply with this deadline, so the council began court proceedings, which led a judge at the Maidstone Crown Court this month ordering the landlord to pay a fine of £12,000, which was reduced from £14,000 for pleading guilty, along with costs of £9,258 and a victim surcharge of £2,000.
The total of £23,258 must be paid by September 2025, and failure to do so could result in Squire facing up to 12 months in prison.
The requirements of the enforcement notice will still need to be complied with and progress in this regard will be monitored by the council.
Cllr Mike Baldock, chair of the Swale Borough Council’s planning committee, said: “The council has a duty to investigate planning breaches, and we take complaints from the public very seriously.
“We will always work with everyone involved to try and reach an amicable conclusion, but in this case the landlord refused to comply, ignoring our enforcement notice, and leaving us no choice but to go to court.
“He was negatively impacting his neighbours through noise and the position and size of the building whilst making an income from this building, that had no planning permission.
“This large fine should stand as a warning to those who want to flout our planning rules, which are there to make sure any developments are responsible, safe, and don’t have unreasonable impact on our neighbours.
“This was a long drawn-out saga so a big thank you to all of the officers involved who helped reach this positive conclusion.”
“This was a long drawn-out saga” – no kidding. Nearly five years!
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