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Legal News

Fine for resident who breached enforcement notice banning unauthorised building (12 October 2016)

Date: 12/10/2016
Duncan Lewis, Legal News Solicitors, Fine for resident who breached enforcement notice banning unauthorised building

The Royal Borough of Maidenhead and Windsor has prosecuted a Wraysbury resident for unauthorised building.

Don Gregory, 63, constructed the building immediately after he demolished an earlier structure, which the council ordered to be taken down through a Planning Enforcement Notice.

The notice was issued in February 2011 requiring him to demolish and remove the building at his property on The Island in Wraysbury. After two successful prosecutions in both the Magistrates’ and Crown court, the building was demolished in February this year.

However, two months later, Mr Gregory began constructing another building in the same position in his front garden.

Despite letters advising that any new building in this position would also be subject to the 2011 Enforcement Notice, the building remained in place.

This led to another appearance at Reading Magistrates’ Court on Friday 23 September, where he pleaded guilty to the offence of non-compliance of the Enforcement Notice. Gregory was fined £500 and also ordered to pay £500 costs.

After the hearing, Cabinet Member for planning, Councillor Derek Wilson, said:

“It takes time and effort for us as a council to ensure that Planning Enforcement Notices are adhered to – and I was disappointed that, despite our best efforts, this matter had to be brought before the courts once again.

“When notices are so flagrantly ignored, we are left with no option but to pursue prosecution through the criminal courts.

“I hope this further conviction will reinforce the message that we take our planning duties seriously – and will use whatever powers necessary to ensure developments, however large or small, are made in accordance with the correct legislation.”

In deciding the level of the fine, the court took into consideration the costs Mr Gregory incurred in building and then demolishing the previous unauthorised building.

The Royal Borough says it will continue to monitor the site to confirm the complete demolition of the current building in compliance of the Enforcement Notice.

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