£2,700 fine for breach of planning rules

Last month, Mr. Yeganegy, a Southampton based developer and landlord, was sentenced by Magistrates for failure to comply with the requirements of a Breach of Condition Notice that had been served on him by Planning Enforcement Officers of Southampton City Council

Having had previous planning applications for a separate, self-contained dwelling adjacent to 117 Prince of Wales Avenue refused, Mr. Yeganegy received a conditional planning consent in 2014 for a two-storey side extension which would form a one-bedroom annex to the existing property.

One of the planning conditions stated that the property had to be used as a single dwelling because any subdivision would mean it would not meet planning standards for outside space or floor space, as well as negatively impacting the character of the area and the amenity of neighbours.

Another of the conditions stated that there should be no pedestrian access to the property other than the approved access to ensure that the boundary fence and hedge would be put in place for visual and security reasons and so that pedestrians would not use the unlit and uneven rear access track for highway safety reasons.

In 2015, complaints that the property had been subdivided and was being used as two separate dwellings were received and confirmed by a site visit by Planning Enforcement Officers who found that the connecting door was locked and due to be blocked, and the front fence and hedge had not been installed.

Mr. Yeganegy was given the opportunity to comply with the conditions but failed to do so and a Breach of Condition Notice was issued. At this time, the property was returned to a single dwelling and the connecting door reinstated.

Then, in November 2022, further complaints about the use of the property were received and again Planning Enforcement Officers visited the site, finding that the connecting door had been plastered over, the fence and hedge were still not installed and that two unrelated tenants were occupying the divided property. As a result, Mr. Yeganegy was summoned to Southampton Magistrates’ Court for failure to comply with a Breach of Condition Notice.

Mr. Yeganegy then submitted a retrospective planning application, which delayed the court case, but this was refused permission by Southampton City Council. Mr. Yeganegy appealed against the council’s decision, but in the meantime entered a guilty plea at the Magistrates’ Court.

Sentencing was then delayed until the outcome of the appeal to the Planning Inspector who, last month, upheld the original decision of Southampton City Council to refuse the retrospective application and allowing the sentencing hearing to go ahead.

In addition to a criminal conviction, Mr. Yeganegy was also fined a total of £2,730, including prosecution costs and surcharges and has to restore the property to compliance.

Councillor Sarah Bogle, Cabinet Member for Economic Development, said:

“The planning system exists to balance an owners’ rights with those of their neighbours, communities, and others. Conditions are imposed on planning consents to ensure that developments do not place an undue burden on their neighbours, and our Planning Enforcement team has the powers to ensure that planning conditions are respected.

“In this case, our Planning Enforcement team took the appropriate action to protect the welfare of occupants as well as the amenity of neighbouring properties by bringing this prosecution.”