Temple Park Homes Ltd, pleaded guilty on 20 March to an offence of failing to comply with the enforcement notice which required that an unauthorised building be removed from land within the company's ownership.
Simon Barnes, prosecuting told the Court that in April 2005 Council officers had become aware that a paint spray booth had been erected at the rear of the Keynsham Auto Repair Centre at 44 Temple Street in Keynsham without planning permission.
The owner of the property, Temple Park Homes Ltd, was notified by the Council that the paint spray booth was unauthorised but failed to remove the building or submit a retrospective planning application to retain it, and in February 2007 the Council served a planning enforcement notice requiring the building to be removed.
-- Advertisement --
Mr Barnes stated that it had not been possible to resolve the matter by negotiation and therefore the Council had commenced prosecution proceedings against the company.
Derrick Claridge of Temple Park Homes Ltd accepted that the company was guilty of the offence but said the company had purchased the land with the paint spray booth on it and had not been aware that the booth was unauthorised.
He stated that the booth was being used by a tenant and could not be removed until the tenant had found alternative accommodation for his business.
The Magistrates took into account the fact that the company was unaware that the booth did not have planning permission when it bought the land but also noted that, despite being given extensions of time, the company had failed to comply with the notice. The Magistrates imposed a fine of £5,000 and also awarded the Council its legal costs.
Cllr Charles Gerrish, Cabinet member for Planning, said: "This case shows that the court will take a serious view of failure to comply with Bath & North East Somerset Council's planning enforcement notices. Owners of land who disregard such notices are at risk of a substantial fine."
(JM)
