Successful prosecution of unauthorised construction of a
stone/brick laid track
Malvern Hills District Council has recently
recorded a successful prosecution against the owner of land who had
constructed a track without the necessary planning consent. The
construction of the stone/brick track in a rural area designated as
an Area of Outstanding Natural Beauty was considered to cause
serious harm to the visual amenity of the natural environment and
as such contrary to planning policy.
In this case the owner had previously been
served with a planning enforcement notice requiring removal of the
track but with which they had not complied.
At the trial which was heard at Worcester
Magistrates Court the owner of Tundridge Stud, Suckley was found
guilty and fined £2000 with full costs of £1560 being awarded to
the council.
This case demonstrates that Malvern Hills
District Council will not ignore flagrant and unacceptable breaches
of planning control and will if necessary take the matter to court
to secure compliance with planning law and the council’s
policy.
After the case, Councillor David
Hughes, Portfolio Holder for MHDC’s Planning Services
said:
“It is regrettable that this council is forced
to take action in the courts to enforce its policies, but the
landscape quality of the Malvern Hills district is an important
asset that must be protected. This council will pursue such cases
for as long as is necessary in order to fulfil its responsibilities
to residents.”
