Housing Solicitors

Bromley Council in Kent has prosecuted a local resident for breaching planning conditions when developing his property at 49 Park Avenue in Bromley.

The council uncovered seven incidents of unloading off site and fourteen incidents of working outside permitted hours.

The property owner and developer, David Francis, pleaded guilty by post at Bromley Magistrates’ Court to two of the counts, while the remaining two counts were proved in his absence. Francis ordered to pay a total of £6,857 – a £6,000 fine, with costs of £687 and a £170 victim surcharge.

The level of fines imposed by the court acknowledged the fact that the notice was breached for financial gain on various dates between July 2016 and March 2017, contrary to Section 187A of the Town and Country Planning Act 1990.

A planning enforcement officer received complaints that work on the site was taking place outside permitted hours (Monday to Friday 0800 to 1700 hours and 0800 to 1300 hours Saturday) – and deliveries that should have been unloaded on site were being dropped off outside the property.

The planning enforcement officer visited the site on several occasions, reminding staff and the site manager that they must adhere to the planning conditions – specifically that no work should take place outside permitted hours and that deliveries must be unloaded on site.

Despite assurances each time that the work would not start before 8am, the council warned that a Breach of Condition Notice might be served. A notice was served requiring the company owner to fully comply with the construction management plan, including unloading and hours of operation.

The council said that, again, the site manager gave assurances that he would take action – and proposed that he would get staff to sign in when starting work and would email his suppliers regarding deliveries.

When Mr Francis failed to comply with the Breach of Condition Notice, court proceedings commenced.

Chairman of Development Control Committee at Bromley Council, Councillor Peter Dean, said:

“Although planning permission has been granted on appeal as in this case, developers and builders must be under no illusion that planning conditions still need to be met.

“Conditions are imposed to balance the needs of the project with that of local residents – but if they are flouted, we will take action.

“Prosecution is always a last resort, but we won’t allow personal gain to make residents’ lives more difficult.”

Duncan Lewis Housing Solicitors

Duncan Lewis Housing Solicitors can advise on a wide range of housing law, including advising developers and self builders on planning permissions and planning appeals.

There are Duncan Lewis offices across England and Wales and our housing team is also able to advise on: