Planning breach costs couple over £4,000 - Blaby District Council

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Planning breach costs couple over £4,000

Enderby prosecution

Two residents in Enderby have been ordered to pay over £2000 each after breaching planning regulations at their home.

The case, dating back to October 2015, investigated unauthorised works at the home of Dr Reeta Herzallah and Mr Hamdi Almasri of Old Church Road, Enderby. 

The development included the conversion of their garage to habitable accommodation and the erection of fencing, preventing off street parking at the property.  The couple also undertook illegal works within the highway and created an unauthorised vehicular access onto the busy B4114 dual carriageway.

These works resulted in a Breach of Condition Notice being served on both Dr Herzallah and Mr Almasri under Section 171 D (1) of the Town & Country Planning Act 1990.  The defendants were each ordered to pay a £770 fine, legal costs of £1,252.30 as well as a £77 victim surcharge, in their absence at Leicester Magistrates’ Court on Wednesday 07 February.

Planning permission granted for the original housing development in 2007 includes conditions stating that car parking facilities, including the garage, should permanently remain available for such use to ease potential on-street parking issues.  Planning permission was also required for the creation of the vehicular access 

Blaby District Council’s Planning Enforcement team were first made aware of the breaches in October 2015 and made numerous approaches to Dr Herzallah and Mr Almasri to resolve the matter.  A retrospective planning application to retain the works was submitted by the defendants in July 2016 but was refused and subsequently dismissed on appeal by the Planning Inspectorate in February 2017.

After further correspondence from the Council some remedial works were undertaken by the defendants in May and June of 2017, which included the removal of fencing.  Inspections by officers in July and August 2017 confirmed, however, that the garage had not been restored to its approved use, with the inserted door and window concealed by a propped up garage door.

A final site visit in November 2017 confirmed that the required works to the garage had still not been undertaken, following which the Council sought prosecution for the offence.

Councillor Sheila Scott, Portfolio Holder for Planning, Housing Strategy, Economic & Community Development, said: “The message from this case is clear. If you breach planning regulations and ignore us we will not just go away.

“Creating an access onto the busy B4114 and blocking off valuable off-road parking space was completely unacceptable. We will be following up the successful prosecution with a further visit to ensure that all the requirements of the Breach of Condition Notice are fully complied with.

Residents report any works suspected of being in breach of an order by visiting www.blaby.gov.uk/planning.

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Last updated: 09 February 2018

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