Thanet District Council successfully prosecutes local developer for second time

Thanet District Council has successfully prosecuted a local developer, for a second time, following a continued failure to comply with planning enforcement notices. 

Harriss Property Ltd was responsible for the Sea Bathing Hospital development on Canterbury Road in Margate. The council served the company with a Section 215 Notice on 27 August 2019 and two Breach of Condition Notices on 18 November 2020. These were served because the developer failed to complete the landscaping work at Charlotte Court, as agreed in the planning application, despite them having had ample opportunity to do so.

The first case was heard at Folkestone Magistrates’ Court on Monday 31 January 2022. At that hearing, the District Judge ordered Harriss Property Ltd to pay fines, costs and a victim surcharge totalling £2,240.

The second prosecution was brought because following the first court ruling, Harriss Property Ltd made no attempt to complete the landscaping work. The outside area of the development remains unfinished and residents do not have access to a communal green space. Temporary metal steps and railings are still in place and the courtyard is devoid of any greenery.

The second case was also heard at Folkestone Magistrates’ Court, on Monday 25 November 2024. Mr Harriss entered a guilty plea, and the District Judge imposed further fines of £3,250, a Victim Surcharge of £1,300 and costs of £9,173.86, to be paid within 28 days of sentencing. This brings the total fines imposed on the developer to just under £16,000. 

The prosecution was brought against Mr Harriss as he had failed to carry out the requirements of his planning permission. He had also let the Grade II listed former laundry building fall into a serious state of disrepair. 

Cllr Rick Everitt, Leader and the portfolio holder for Planning, said: “Residents can be confident that we will look to take formal enforcement action where developers fail to carry out the conditions of their planning permission and this has a detrimental effect on the lives of local residents.

“The residents of Charlotte Court will continue to suffer from the developer’s failure to landscape the area, until the requirements of the breach of condition notices are carried out. These should have been completed before anyone moved into the property.”

Harriss Property Ltd will be advised to comply with the enforcement notices to avoid the council taking further action through the Magistrates’ Court.