Homeowner convicted for breach of planning rules
On 13 November, Mr. Farhan Khan, a property owner at Ridgemount Avenue, was sentenced by Magistrates for failure to comply with the requirements of a Planning Enforcement Notice that had been served on him by Planning Enforcement Officers of Southampton City Council
25/11/2024
When made aware of the breach, Mr. Khan made an application to the council’s planning department for retrospective permission. However, this was refused in January 2023 because the fence went against the policies of the Bassett Neighbourhood Plan.
Mr. Khan did not appeal the decision within the time frame to do so and further contact was made advising that the fence must be removed. Following further visits by officers to confirm that the fence remained in place, a Planning Enforcement Notice was issued in May 2023.
At this point, Mr. Khan sought to appeal the refusal of the planning application, but this was turned down by the Planning Inspectorate because the time to appeal had expired. The Planning Enforcement Notice then came into effect in June 2023 and gave one month for the fence to be removed.
Following further visits by officers after the deadline to remove the fence had expired, Mr. Khan was written to again to require the fence to be removed and to advise that prosecution proceedings would be started for failing to comply with the Planning Enforcement Notice.
No response was received, and Mr. Khan was summonsed to Southampton Magistrates Court for failure to comply with the requirements of a Planning Enforcement Notice after the time for compliance has expired.
On 13 November, the case was heard at the Magistrates’ Court and Mr. Khan entered a guilty plea. He was fined a total of £622 and has a criminal conviction.
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. A key concern for local people in Bassett is the protection of the character of the area which is enshrined in the Bassett Neighbourhood Plan.
“In this case, our Planning Enforcement team took the appropriate action by bringing this prosecution to maintain the unique character of the Bassett area and support local peoples’ priorities as laid out in the Neighbourhood Plan.”
