Man fined £2,000 for ignoring stables stop notice
John Mac secured planning permission in April 2014 for the development
of a stable block, tack and feed rooms, and a manège on land at Spinney
Farm, Main Street, Withybrook.
But in February 2015 the council's planning enforcement team received a
tip-off from a member of the public the stables were not being built in
accordance with the planning permission.
The following day a planning officer visited the farm and discovered the
development was in breach of planning permission, and the officer spoke
to Mr Mac's planning agent to inform him of the breach.
In June a planning enforcement officer visited the site and confirmed
the ground dimensions of the building exceeded those in the planning
permission by one metre to all sides, while the building was
one-and-a-half metres higher than permitted.
On 7 July an enforcement notice was served on Mr Mac, stating the stable
block had to be built in accordance with the planning permission or be
demolished.
A stop notice was also served, prohibiting building work on the site.
When the stop notice was served the roof of the stable block had a waterproof membrane but no tiles.
But when a planning enforcement officer returned to the site in October,
a workman was fixing tiles to the roof. When challenged, the workman
said he was a sub-contractor working for Debright Trading Limited.
When the officer contacted the company, it confirmed Mr Mac had
instructed the firm to carry out the work, breaching the stop notice.
At Nuneaton's Warwickshire Justice Centre on Tuesday 6 January, Mr Mac,
of Hinckley Road, Wolvey, pleaded guilty to breaching a stop notice.
In mitigation, the court heard Mr Mac lacked experience in planning
issues and there was a lack of communication between his contractor and
sub-contractors.
Mr Mac, who has lodged an appeal against the enforcement notice, added
he was unaware the development was being built in breach of the planning
permission.
Magistrates fined him £2,000 and he was ordered to pay £316 costs and a £120 victim surcharge.
Speaking after the hearing, Cllr Heather Timms, Rugby Borough Council
portfolio holder for development, said: "We investigate all suspected
breaches of planning permission and stop notices help protect the
integrity of the planning process.
"We understand navigating the planning process can be complicated, so our
planning team offers free advice to all prospective applicants.
"By talking to us first, you can save time and avoid making costly mistakes."
To speak with the council's planning team, or to report suspected
breaches of planning permission, call (01788) 533759 or email
rbc.planning@rugby.gov.uk