London borough secures £66k confiscation order over planning breach

A London borough has secured a £66,000 confiscation order against an individual who converted a property into three flats without planning permission in 2010.

The London Borough of Ealing prosecuted Dragan Milinkovic, who owned the house in Cuckoo Dene, Hanwell, for failing to comply with an enforcement notice.

In addition to imposing the confiscation order, Judge Donne QC at Harrow Crown Court fined Milinkovic £2,700 and ordered him to pay Ealing’s costs of £4,762 plus a victim surcharge.

The defendant must pay the confiscation order within six months, or face 21 months’ imprisonment.

Ealing issued an enforcement notice against Milinkovic in 2011, requiring him to stop using the house as three flats. A letter of caution was issued by the council in January 2014.

Judge Donne noted how Milinkovic had pleaded guilty at the first opportunity. However, the judge added: “Your offence is aggravated by the period of time in which you did not comply and the fact you ignored the caution letter.” 

Pat Hayes, Ealing’s executive director, regeneration and housing, said: “The council provides lots of information on the regulations which must be followed when converting a building to ensure it is safe, habitable and does not impact on others. This landlord has not only not followed the regulations but he has also ignored a notice telling him to put things right.

“Mr Milinkovic was given every opportunity to make his property legal but…..chose to ignore the council, leaving us no option but to take legal action.”

Hayes added: “I am pleased that a really significant fine of £66,000 has been imposed and hopefully this will deter others who think this type of offence only attracts a small penalty. I would also like to thank the council staff who pursued this case so diligently."