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Council granted injunction in planning case

Published on Thursday, October 20, 2016

LEICESTER City Council has been granted an injunction forcing the owners of a house in the city to comply with planning laws.

Malacca Limited, the company which owns a house in Mayflower Road, must now carry out work to either remove all the extensions at the property, or otherwise reduce the size of the house so that it complies with planning permission.

Planning permission was originally granted for a porch at the front of the property and a two-storey side and rear extension.

When officers visited the site, following complaints from members of the public, they found that the two-storey side and rear extension had been made one metre larger than the approved size, the building height had been increased and a dormer window constructed.

The city council asked the builders to construct to the approved plans when the extensions were under construction. The company refused, so an enforcement notice was served, and the council then prosecuted twice to force the owner to carry out the work in line with the notice. In both cases, the owner has not carried out the work.

Now, after a ruling at Leicester County Court on 12 October, the city council has been granted an injunction, meaning that if the work is not carried out, the company that owns the house could be fined, its directors could be sent to prison or fined, or the company assets could be seized.

The city council was also awarded costs in the case, although the exact amount is yet to be determined.

Grant Butterworth, head of planning at Leicester City Council, said: “We would much rather the time and effort spent here had been avoided. If the company had complied with our request to resolve the matter when the work was underway, legal action would not have been necessary.

“This latest legal action means that any further failure to comply with the enforcement notice could result in imprisonment.

“This sends a clear message to homeowners and businesses alike – that properties should not modified or extended without the proper planning consents in place.

“I’m pleased that the court has taken this action, which helps us to protect our communities from unauthorised modifications and extensions that can have a detrimental effect on properties and neighbourhoods.”

The owners now have until June next year to comply with the terms of the injunction.