The building is at the rear of the car park |
Astonishingly the matter has been going on for six years and a number of residents
have been frustrated by the slow speed of progress – hampered at every possible
stage by determination to ignore the court ruling and legal challenges.
Now, at
last, the Crown Court has unequivocally concluded that the Council was right and
that the building must come down as had been ordered in 2006 in the enforcement notice to demolish a building.
We are determined to stick up for local people against unscrupulous
developers, many of whom don’t see or care about the impact that they have on
neighbours.
For the sake of clarity I have included the press
release in full below:
Council
win third court case for breach of planning regulation
A six year case to remove a building, built without a planning permission, has been won by the council following a third successful prosecution against a man who continually flouted planning laws.
A six year case to remove a building, built without a planning permission, has been won by the council following a third successful prosecution against a man who continually flouted planning laws.
Sutton
Council made its case against Mr Neil Woodward of Hawthorn Road, Wallington,
after originally issuing an enforcement notice to demolish a building erected
within his garden during the summer of 2006.
However, after
six years and numerous court appearances, the building remained in place.
Mr Woodward
faced a single count on an Indictment at Croydon Crown Court for the failure to
comply with the terms of an enforcement notice, issued by the council following
the erection of the building in the garden area of the property known as 16A, B
and C Hawthorn Road.
Mr Woodward
was convicted of the same offence in April 2009, and July 2010 but failed to
take the appropriate action to demolish his development.
After pleading
guilty to the offence of failing to comply with the enforcement notice, Mr
Woodward was fined £8,000 and ordered to make a £12,000 contribution to the
prosecution costs. He was also ordered again to adhere to the notice and ensure
the building is removed immediately. The council is currently considering
whether or not to take direct action in this case should Mr Woodward continue
to breach the outstanding enforcement notice.
The judge,
HHJ Baucher made it clear that as a result of his defiance of planning law, Mr
Woodward caused the council to spend funds which could have been used elsewhere
to the detriment of Sutton’s Council Tax Payers.
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