Three property owners prosecuted over planning breaches

Three property owners have been told to pay thousands in compensation, fines and court costs to Flintshire County Council after being prosecuted over planning breaches.

The successful prosecutions follow prolonged non-compliance at the three sites, despite repeated opportunities for those responsible to resolve the breaches voluntarily.

All three cases first came to the Council’s attention as result of complaints from members of the public.

As with all planning breaches, the Council sought to resolve the matters informally through negotiating with the landowners to rectify the breaches, or submit planning applications where appropriate.

When the matters persisted, formal enforcement notices were served, setting out the action required within a specified time frame – but still no attempts were made to remedy the breaches.

Ultimately, the Council was left with no choice but to pursue prosecutions in order to protect local amenity and maintain confidence in the planning system.

In the first case, a residential property in Sandycroft was found to be in use as a commercial premises despite no planning permission for this change having been granted. The owner was required to cease the unauthorised use, remove machinery and reinstate the land to its previous condition.

After failing to comply, the landowner was ordered at court to pay £70,000 compensation, £30,859.84 prosecution costs and a £6,000 fine to the Council, and a £2,000 victim surcharge.

In the second case, a two-storey extension was built at a home in Ffynnongroyw despite permission only having been obtained for a single-storey extension. The homeowner was required to demolish the extension or remove the first floor, but did not comply.

The court imposed a £2,000 fine and £5,000 costs payable to the Council, plus a victim surcharge of £800.

The final case involved an area of untidy land in Holywell, which the landowner had been instructed to clear up by removing fencing, scaffolding and debris, and cutting overgrown vegetation from gardens.

After ignoring the notice, the landowner was ordered by the court to pay the council a £1,000 fine and £3,810.97 costs, as well as a £400 victim surcharge.

Councillor Richard Jones, Cabinet Member for Transformation, Growth and Place, said:

“Planning rules exist to protect our communities and ensure development is fair and appropriate.

“Where breaches are identified, we give every opportunity for landowners to resolve them informally, but when that doesn’t happen, we will take enforcement action.

“I am pleased with the outcomes of these three cases and hope they will act as a strong deterrent to anyone considering carrying out development without obtaining the correct permission or seeking professional advice. I hope this will also reassure residents that concerns will be taken seriously and acted upon.”