30 July 2010Two Sevenoaks District residents who tried to ride roughshod over the planning system have been successfully prosecuted within a day of each other.
Sevenoaks District Council prosecuted Sundridge resident Mark Wagner for failing to comply with an enforcement notice requiring him to demolish a large conservatory that had been erected without planning permission and Robert Simmons from Halstead for failing to comply with an enforcement notice after a caravan was stationed on green belt land without planning permission.
On Wednesday 28 November 2007 at Sevenoaks Magistrates' Court, (sitting in Tunbridge Wells County Court), Mark Wagner from Thimble Cottage, 61 Main Road, Sundridge was convicted of failing to comply with an enforcement notice to remove a conservatory constructed without planning permission.
Mr Wagner pleaded not guilty to the charge. Upon conviction he was given a 12 month conditional discharge and ordered to pay £200 costs.
The case goes back to 21 March 2005 when retrospective planning was sought for the conservatory. Planning permission was refused because the conservatory is out of character with the existing house, harms the amenities of neighbouring properties and is an inappropriate development within the Green Belt, an Area of Natural Beauty and Special Landscape Area.
Shortly after on 20 April 2005, the Council issued an enforcement notice requiring that the conservatory be removed.
Mr Wagner appealed against the planning refusal to the Planning Inspectorate, who dismissed the case on 17 November 2005.
The Council wrote to Mr Wagner on no less than 13 occasions after the appeal asking him to comply with the enforcement notice. Despite giving Mr Wagner many opportunities to resolve the matter, including agreement to reduce the size of the conservatory, the Council had no alternative but to take court action.
In the another case Robert Simmons from 'Station Court', Sevenoaks Road, Halstead was convicted of failing to comply with an enforcement notice requiring the removal of caravans.
His trial was heard on Thursday 29 November 2007 at Sevenoaks Magistrates' Court, (sitting in Tunbridge Wells County Court).
Despite entering a plea of not guilty, Mr Simmons was convicted of the charge and fined £250 with a further £250 in costs.
This case has a planning history that goes back to 25 April 2003 when planning permission was refused for the use of the site as a private six pitch caravan site.
The Council issued an enforcement notice on 27 June 2003 requiring that the land no longer be used for stationing caravans.
Mr Simmons appealed against the notice but the Secretary of State dismissed the appeal on 2 July 2004.
Mr Simmons appealed to the High Court on 2 March 2005 where the Secretary of State's decision was overturned. However, the Secretary of State contested the High Court's decision at the Court of Appeal on 3 November 2005. There the decision was overturned again with the Court of Appeal upholding the Secretary of State's decision.
The Enforcement Notice was due for compliance by 3 November 2006.
Mr Simmons submitted a planning application seeking to allow the site to be used as a caravan site, which was refused on 10 May 2007 as the site lies within the Green Belt and is affected by a High Risk Flood Zone. It is also within a Special Landscape Area.
Mr Simmons has appealed to the Planning Inspectorate. An appeal is likely to be heard in February 2008.
Cllr Gary Williamson, Sevenoaks District Council's Cabinet Member with responsibility for planning, says: "We know from our consultations with local people that they want us to protect the District from illegal development. These cases demonstrate that we will take all the necessary measures open to us, including legal action, against those who have disregard for the planning system."
