Two Bracknell landowners who ‘flagrantly and persistently’ breached planning laws by building mobile homes, kennels and stables without permission have been fined £27,500.
Nelson Keeling, 38, of Birch Lane, Ascot and David Reed, 33, of Birch Lane, Ascot were fined on Friday, August 13, after a two day hearing at Reading County Court for continuing to carry out development on a piece of land between Merrymead and Pine Acres in Birch Lane, Ascot without planning permission.
Bracknell Forest Council had obtained court orders forbidding any further development following the placing of two mobile homes on the land in November 2009 without planning permission. These orders were replaced by legally binding ‘promises’, which the landowners gave to the court on November 19, 2009, not to undertake any more work on the site.
Bracknell Forest Council prosecuted Keeling and Reed after they ignored the ‘promises’ they had given to the court by constructing stables, kennels and hard standings on the land.
During the hearing, the council proved the owners had failed to comply with the ‘promises’ and the judge found the ‘promises’ had been broken and noted the owners’ actions were a ‘flagrant and persistent breach of planning legislation’. Planning permission for the mobile homes placed on the site was refused earlier this year and the council is currently pursing enforcement action against these.
For the breach of planning laws, the judge imposed the following financial penalties on the landowners:
* Nelson Keeling to pay £15,000 within three months;
* David Reed to pay £12,500 within three months.
The Bracknell council was also awarded costs of £9,793 for the time, effort and inconvenience of the case.
In addition, the council has served the landowners with a planning enforcement notice requiring the removal of all structures, materials and mobile homes from the site and reinstatement of the land to its former condition.
Cllr Mrs Mary Ballin, executive member for Bracknell planning, transport and economic development, said: "Planning laws are in place to protect and preserve our communities and countryside and this case shows we will doggedly pursue anyone who flouts those laws.
"I hope this case is a stern warning that we will prosecute anyone who thinks they can get away with developing pieces of land without due consideration for the planning process."
he mobile homes were built prior to a planning application being lodged by the owners for:
The use of land as residential caravan site for two gypsy families accommodating four caravans (one travelling caravan and one static mobile home on each pitch) and two portable amenity buildings with associated drive from Birch Lane, areas of hardstanding, stables building, dog pens and septic tank. This was refused by the council in May 2010.
Bracknell Forest Council