Homeowners prosecuted over planning breach

Braunstone Town Planning Breach Web

Homeowners have been ordered to pay nearly £2,000 by Leicester Magistrates’ Court for not complying with an enforcement notice on their property in Braunstone Town.

Mr Ismail and Mrs Sevim Aslan of Turnbull Drive, were issued with the notice by Blaby District Council back in August 2021 for the unauthorised erection of a single storey side extension and a boundary treatment higher than 1m adjacent to a highway at their property without planning permission.

Back in July 2021, the Council refused a retrospective planning permission for the development due to its unsatisfactory design and external appearance.

After investigation by the Council’s Planning Enforcement team and considering the previous refusal, it was determined the development would represent an incongruous, dominant and significantly prominent feature that was considerably out of keeping with the character and appearance of the locality.

The homeowners appealed to the Planning Inspectorate against the enforcement notice, however this appeal was dismissed in January 2022, and the notice upheld.

This gave the homeowners four months to resolve the breach with requirements to: 'Reduce the height of the boundary treatment to 1m and remove the single storey side extension and attached canopy.'

When the homeowners had not complied with the notice within that four-month period, Blaby District Council prosecuted them for the planning breach.

Mr and Mrs Aslan were each ordered to pay a total of £953, which included a fine of £500, costs of £403 as well as a victim surcharge of £50. They also received a criminal record.

Councillor Ben Taylor, Portfolio Holder for Planning Delivery and Enforcement and Corporate Transformation, said: “We’re pleased with the outcome of the prosecution, and the vindication of our decision to refuse permission for this blatant disregard of planning rules.

"Let this also be a warning to anyone who believes they can flout rules. Our rigorous enforcement processes mean you are putting yourself at risk of getting a criminal record and this can have serious impacts on other aspects of your life.

“We will not sit by and allow people to ride roughshod over planning policies. The policies are in place to protect our neighbourhoods and ensure developmental standards are upheld.

“I’m proud and grateful of our Planning Enforcement team for their professionalism and effectiveness at stopping unauthorised development, not just here in Braunstone but across our Blaby District. They will always have my full support.”

Residents can report breaches of planning control in the district by visiting planning enforcement information

Councillor Ben Taylor

Councillor Ben Taylor
Portfolio Holder for Planning Delivery and Enforcement and Corporate Transformation

01 December 2022