New unitary takes two planning enforcement cases to High Court

The newly-formed East Suffolk Council has taken two planning enforcement cases to the High Court in which it has sought to imprison landowners who failed to comply with injunctions relating to their properties.

In the first case the council obtained an injunction in 2018 in relation to land at High Grove Wood, Great Glemham, on which Victoria Chappell and Stephen Law were living despite it having no lawful use except agriculture.

The injunction required them to remove their mobile home and a portable toilet by 1 March 2019.

This was not done as the couple claimed the access track was too muddy to allow the removal until July.

Council officers though concluded that as Mr Law had been driving on the track, it was possible to conduct the removal.

Due to non-compliance with the injunction, the council applied to commit both Mr Law and Ms Chappell to prison but sentencing has been adjourned until 26 July, giving them further time to comply with the injunction.

The second case concerned Pine Lodge, Hinton, which lies within an Area of Outstanding Natural Beauty.

Planning permission was given in 2010 for a workshop and store but the building has since been used for residential purposes, contrary to planning conditions.

An enforcement notice was issued in 2016, giving owner Bill Simpson three months to cease residential use.

He unsuccessfully appealed to the Secretary of State and the council then sought an injunction when another date was missed to vacate the building.

This requires Mr Simpson to comply with the enforcement notice by 3 September 2019.

East Suffolk also applied to commit Mr Simpson to prison for non-compliance with two earlier injunctions from 2018 concerning the removal of hardstanding, vehicular access and fencing.

Mr Simpson was given a one month prison sentence for late compliance with the first injunction and a two months for non-compliance with the second injunction - to be serve concurrently - suspended for twelve months, provided he complies with the second injunction by 3 September.

David Ritchie, cabinet member for planning and coastal management at East Suffolk, said: “We will always take the enforcement of planning rules seriously, as both these long-running cases show. In both cases, the landowners were given a number of opportunities to make amends however their inactions have resulted in serious consequences.”

East Suffolk was formed in April by a merger of Suffolk Coastal and Waveney district councils.

Mark Smulian