Saturday, 19 July 2008

Conservatory earns prosecution for Carnforth couple

Lancaster City Council has successfully prosecuted a couple from Carnforth for failing to comply with a planning enforcement notice.

On Friday 11 July, Ronald and Jayne Pearson, of Grosvenor Court in Carnforth, pleaded guilty at Lancaster Magistrates Court to failing to comply with the requirements of a Breach of Condition Notice.

The court heard that planning permission was originally granted to Mr and Mrs Pearson for the erection of a conservatory at their home.

A condition was attached to the permission requiring the side windows to be obscure glazed with non-opening windows to protect the amenity of neighbouring residents.

This condition was not complied with and following several reminders and warnings from council officers, a Breach of Condition Notice was served.

The requirements of the Notice were to install obscure glazing and to remove the opening windows along the overlooking elevation.

Mr and Mrs Pearson’s failure to comply with the terms of the Notice resulted in the court action by the council.

The couple were each fined £100 and ordered to pay costs of £100 each towards the council's costs. The fine could have been higher but was reduced because of their guilty plea.

If the works are still not carried out it is open to the council to return the matter to court for further action.

Coun Eileen Blamire, cabinet member with responsibility for planning enforcement, said: "Conditions are imposed on planning permissions for important reasons such as, in this instance, to protect the privacy of neighbours.

"Compliance with planning conditions is not an ‘optional extra’ for developers and we will rigorously pursue those who fail to do so."

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