Court success

Nuneaton Magistrates Court has fined Andrew Baughan of St Mary's Close, Priors Hardwick, Southam £5,000 and awarded Stratford-on-Avon District Council £424 costs (with a £120 victim surcharge) following a recent prosecution for failing to comply with an Enforcement Notice.

The Enforcement Notice was issued under the Town and Country Planning Act and required Mr Baughan to cease the use of his site at the former Edgehill Quarry, Edgehill for the storage of plant, machinery, vehicles, trailers, skips, construction materials, caravans etc, and to remove all such items from the land. 

The Enforcement Notice was not complied with and legal proceedings were started. Mr Baughan was also prosecuted in 2012 for not complying with the requirements of a separate notice in relation to this same site.

Cllr Chris Williams, Chairman of Regulatory Committee says: “Cases like this show how important it is to comply with planning legislation and if the District Council is not getting cooperation then it can issue an Enforcement Notice.  People who continue to break these rules risk legal action and significant penalties. This demonstrates that the District Council will not be deterred from taking action, when appropriate."

Cllr Bart Dalla Mura, local ward member, says: “This is an important case that gives local people confidence that when there are breaches in planning and other regulations that the District council will act on their behalf when it is right to do so. I congratulate the enforcement team on their rigorous approach to this issue."

An Enforcement Notice is served to require the landowner to remedy the harm caused by the breach of planning control, and failure to comply with the notice is a criminal offence with unlimited fines.

The unauthorised use of this site has been a long standing issue, and significant time had been allowed for the owner to remedy the harm without success.