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Planning enforcement prosecution success

Planning enforcement prosecution success

Arun District Council have successfully prosecuted a Yapton resident for failing to comply with a planning enforcement notice.

At Worthing Magistrates Court on 12 April 2023, Mr Nigel Bickle, of Bilsham Rd, Yapton pleaded guilty to failing to comply with a planning enforcement notice relating to the number of vehicles stored at the dwelling.

This was a case stretching back over many years with the council originally serving the notice in 2014, as there had been a material change of use at the residential property due, to the number of vehicles being stored there. An appeal was made against the notice, but the Planning Inspectorate upheld the council’s decision in 2015.

Mr Bickle failed to comply with that notice by the relevant date and in 2016 the council took direct action to remove 11 vehicles from the rear garden of the property.

In 2021 we were notified of a potential new breach of the notice. After investigation, it was clear that a breach was taking place and we contacted the owners / occupiers requesting the notice be complied with. Unfortunately, this didn’t happen and prosecution proceedings were instigated, following further investigations at the property.

The court process began in the summer of 2022 and concluded recently following the guilty plea.

Mr Bickle received a fine of £2700 from the Magistrates together with costs of £5000 and a victim surcharge of £190.

Karl Roberts, Arun District Council Director of Growth said: “It is always unfortunate when the only way left to resolve an issue is through the courts, but when a clear breach of Planning has happened and significant harm is caused, we won’t hesitate to take necessary action.”