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Allerdale Borough Council planning prosecution

Rebecca Wilkinson

Rebecca Wilkinson

Posted on 19 October 2018

Allerdale Borough Council has used powers it has under the Town and Country Planning Act to prosecute a resident who breached planning regulation notices. The case, heard at Workington Magistrates Court on 16 October 2018, relates to an ongoing issue of an untidy site.  

The individual, Robert Blair of Barnes Road, Workington, was prosecuted for failing to comply with the requirements of a Section 215 untidy site notice - a legal order which is used when a local authority considers that the condition of land or buildings is having a harmful effect on the area.  

Mr Blair had previously been found guilty in April 2018, August 2017 and November 2016 of failing to comply with a notices issued by the council. The council had taken action against Mr Blair after he had failed to clear a large amount of waste materials from his property.  

The court heard how Mr Blair had continued to fail to comply with the notice and the material remained on his property. Mr Blair pleaded guilty and explained that personal circumstances had prevented him from getting the material removed. He informed the court that of his intention to appoint contractors to clear the site as soon as possible. Mr Blair was ordered to pay a fine of £1500 with a victim surcharge of £150 and a contribution towards the council's costs of £100.  

Mr Blair is now expected to ensure he does all he can to comply with the notices as soon as is practicable. 

Mark Fryer, Executive Member with responsibility for planning, said: "The council takes legal action as a last resort and we'd prefer to work with the individuals concerned to come to an outcome everyone is happy with. However, this case shows that if people repeatedly fail to comply with the planning rules then we will use every power we have to take action."