30 June, 2023

Council successfully prosecutes developer for planning breaches

A Thanet developer who failed to comply with two Breach of Condition Notices has been successfully prosecuted by Thanet District Council’s Legal and Planning Departments. The case was heard at Margate Magistrates’ Court on Tuesday 20 June 2023 and resulted in a guilty verdict and fines and charges totalling £6,250. 

The notices related to overdue work and landscaping that should have been completed at the Manston Park Living development on Manston Road, Manston. The breaches included failure to provide a play area for the children of local residents.

The council had received numerous complaints from members of the public, relating to the developer’s failure to provide the landscaping and other works that were a condition of the planning permission granted to Manston Park Living Ltd.

Mr Sturge of Manston Park Living Ltd formally entered a not guilty plea in relation to the offences, which contravened section 187A of the Town & Country Planning Act 1990. Mr Sturge maintained he had complied with the requirements of the notices in part, but was found guilty by the Magistrates’ Court.

The District Judge ordered Manston Park Living Ltd to pay the maximum fine of £2,500, with costs of £3,500 and a £250 surcharge. 

Manston Park Living Ltd will be advised to comply with the enforcement notices within set timeframes, to avoid the council taking further action. 

Cllr Rick Everitt, Leader of Thanet District Council, said: “Landscaping is an absolutely essential part of any residential development – fulfilling the environmental aspects of an approved development scheme is not optional. 

“More than that, it is a criminal offence to fail to comply with enforcement notices. We take matters of this nature very seriously, and won’t hesitate to take formal action where developers’ decisions have resulted in harm to local residents and the local area.”

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