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Rogue development leads to £26k fine

Published Wednesday, 3rd April 2019

Outside of property.

A local property owner who did not follow their approved planning permission has been fined £25,000.

In 2010, planning permission was granted at 83 Windermere Road to demolish the outbuildings and build a new part two, part three storey building to be used as a home.

However, during its construction, the council became aware that the development was not being constructed in accordance with the approved plans. The design had been varied significantly and included additional residential accommodation as well as less car parking, to the detriment of the area.

The council, as the Local Planning Authority, contacted the owners of the site numerous times to warn them that they must resolve these harmful breaches of planning controls or face formal enforcement action. Despite these warnings the development remained in the unapproved form and as such the council served the owners with an enforcement notice.

Following further engagement with the owners of the site the enforcement notice was not complied with and as such a prosecution was sought. The property owner was summoned to appear in the Magistrates Court on the 20 March 2019, where they pleaded guilty. They were subsequently ordered to pay a fine of £25,000 plus costs of £1095.

Peter Geraghty, director of planning and transport, said: “We are always prepared to work with developers to improve schemes where possible. However where developers breach planning controls and cause harm we will always seek to rectify the situation. Ultimately, if a satisfactory resolution cannot be achieved we will serve enforcement notices and seek a prosecution if these are not complied with.”

“I hope this case serves a stark reminder that we will not tolerate harmful developments in Southend.”

For more information on how to submit a planning application, including advice and guidelines, please visit our Planning pages.