Housing Solicitors

Bath & North East Somerset Council has taken legal action against a landowner for failing to comply with a planning enforcement notice requiring the demolition of an unauthorised building on green belt land.

In 2004, the council refused planning permission for a large two-storey building at Stowey, on the basis that there was insufficient evidence to justify its need for agricultural purposes.

However, in 2006, the manager of the company occupying the site – Andrew Hay of Stowey Nursery Limited/AJP Growers – went ahead with construction.

The council spent several years in discussion with Mr Hay and a decision was taken in 2008 to issue an enforcement notice requiring the demolition of the unauthorised building and the reinstatement of the land.

An appeal against the notice was dismissed by the planning inspectorate in August 2009 and Mr Hay was required to demolish the building within 12 months – by August 2010.

After further unsuccessful attempts by Mr Hay to seek permission for the retention of a building on site, the council decided to pursue legal action for non-compliance with the enforcement notice.

The council prosecuted Stowey Nursery Limited and Andrew Hay for failing to comply with the 2008 enforcement notice.

Mr Hay and Stowey Nursery Ltd pleaded not guilty, but were convicted following a trial at Bath Magistrates’ Court.

Stowey Nursery Ltd was given a conditional discharge for 12 months and ordered to pay a victim surcharge of £15.

Mr Hay was issued a fine of £1,500, ordered to pay a contribution towards the costs of the prosecution of £2,000 and a victim surcharge of £120 – a total of £3,620.

After sentencing, Cabinet Member for Homes and Planning, Councillor Liz Richardson, said:

“This is a satisfying result in what has been a long running enforcement case.

“Planning laws apply to all and must be adhered to – they are in place to protect and enhance the landscape and environment we live in.

“The council – in line with government policy – places great weight on protecting the green belt from unauthorised development, and what this case clearly demonstrates is that you cannot simply get away with building without permission.”

The planning department of Bath & North East Somerset Council says it investigates around 800 enforcement complaints each year – and in most cases, the problems are successfully resolved.

However, the enforcement team says it will always seek to negotiate compliance of breaches of planning control – and formal legal action is treated as a last resort.

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 the UK and our housing team is also able to advise on:

• Debt management for homeowners
• Disrepair of rented property
• Housing Benefit
• Housing possession
• Landlords’ obligations
• Landlord and tenant disputes
• Lease extensions
• Local Authority housing
• Mortgage repossession
• Notice to quit
• Nuisance neighbours
• Right to Buy
• Right to Rent checks
• Tenancy agreements
• Unlawful eviction.

For expert legal advice on housing law, call Duncan Lewis housing solicitors on 0333 772 0409.