Homeowner fined for planning breach after ignoring council

Despite efforts from Three Rivers District Council planning officers, the local planning authority was left with no choice but to issue an enforcement notice to Jermain Morrison after he failed to cooperate. No appeal was made following service of the notice.

Mr Morrison raised his patio in Oakleigh Drive without planning permission, which caused an ‘unacceptable level of overlooking’ into neighbouring properties. He was required to remove the works but failed to comply with the enforcement notice.

While some extension and alterations to a property are permitted development, meaning works do not require planning permission, officers determined a planning application to the council was required.

At St Albans Magistrates Court, the defendant was found guilty and fined £750 with costs awarded to the council in the sum of £1,720 with a victim surcharge of £280. The defendant owes the court a total of £2,750 with a Collection Order for 28 days.

Cllr Stephen Giles-Medhurst, Leader of Three Rivers District Council, said: “Unlike many other planning breaches which are rectified through effective co-operation and negotiation with homeowners, officers had no choice but to prosecute in this instance. The owner made his thoughts clear early on and maintained his innocence until the end. It is hoped that this case acts as a warning to those that do not wish to engage with planning officers.”

The council will now be considering its next steps to ensure that the raised patio is removed, as per the requirements of the enforcement notice.

It is always important to check with the district council’s planning department prior to undertaking extension or alteration works. It is advisable to either utilise the council’s free householder duty planner service or submit a certificate of lawfulness to ascertain whether the works would be permitted development or not.

Get in touch by emailing enquiries@threerivers.gov.uk or calling 01923 776611.

PHOTO CAPTION: Mr Morrison's unauthorised patio in Oakleigh Drive, Croxley Green