Developer and director who ignored enforcement notice hit with more than £300k in fines and costs
Developers who forged ahead with construction on a residential site despite receiving a temporary stop notice and an enforcement notice have been ordered to pay £120,000 in costs to South Hams District Council.
The firm, Garden Mill Ltd and its director, John Freeland, pleaded guilty to breaching the two notices.
Garden Mill has been ordered to pay a £100,000 fine and £40,000 in costs to the council.
Freeland, meanwhile, has been ordered to pay £76,000 in fines and £80,000 in costs to the council. Both Freeland and the firm have 12 months to pay.
The firm, previously named Blakesley Estates, bought the land with planning permission for 32 new homes, with the condition that no site clearance, preparatory work or development would take place until a scheme was put in place to protect trees on the site.
The scheme also aimed to limit the impact that building work and the development would have on a neighbouring Grade II listed building.
However, the dispute began when work started on the site without establishing adequate tree protection.
This led to the local authority issuing a stop notice, but work continued on the site.
Construction on the site finally stopped, leaving half-built dwellings and unfinished landscaping.
The developer then lodged an appeal with the Planning Inspectorate to restart the work, which was dismissed.
Earlier this year, an inspector concluded that the developer had not complied with a planning condition and that planning permission had expired, resulting in the land no longer benefitting from planning permission.
The council went on to pursue the company and its director through the courts, leading to the decision in Gloucester Crown Court on 19 August.
Cllr Dan Thomas, the council's Executive Member for Planning, said: "We tried to work with them, but they refused to comply. The local community has quite rightly been up in arms about what has happened at the site – we have listened to them and relentlessly taken this through the courts over the past few years.
"We hope this sends a message loud and clear that we will not tolerate anyone who disregards planning enforcement notices and that we will take action."
In a statement, Garden Mill Ltd meanwhile argued that it attempted to work with the local authority to find a solution but claimed “all lines of direct communication were cut off, hence the requirement for Garden Mill Ltd to submit 3 planning appeals”.
The firm added: “It is incredibly disappointing that SHDC have instead been more intent on pursuing enforcement action and legal prosecutions, which has led to the current situation.
“Garden Mill Ltd, are a responsible and conscientious family-operated developer who pride themselves on creating affordable, high-quality housing in the South West.
“A primary company ethos is to work closely with communities and local councils to contribute to solving a country-wide housing shortage. We have successfully achieved this in other areas and are disappointed bureaucracy stood in the way at Kingsbridge.”
It later added: “For this outcome, Garden Mill Ltd and John Freeland apologise sincerely to the people of Kingsbridge.
“We hope SHDC will also apologise to the residents of Kingsbridge for what is a very unnecessary and unsavoury outcome.”
Adam Carey
