Man fined for unauthorised development

WBC logo Published: Wednesday, 4th September 2019

A resident has been fined for carrying out works on his property without the required planning permission.

Peter Dutton, 56, of Antrobus, received a fine of £2,650, following action taken by the council’s planning enforcement team.

Mr Dutton created a new residential access from his land, which was previously agricultural land,  
onto Arley Road, along with gates, fencing, and a large area of hardstanding across the field. He was required to seek planning permission to carry out these works, but failed to do so.

An enforcement notice was served, requiring that the unauthorised development be removed and the land reinstated to its former condition. After failure to comply with the notice, the council sought to prosecute Mr Dutton and he pleaded guilty at Warrington’s Combined Court to the offence of non-compliance with an enforcement notice.

In court, Mr Dutton said that he had carried out the work himself, at a cost of around £5,500, and that he is in the process of making a retrospective planning application. The Judge said that given Mr Dutton’s profession (a farmer), she found it surprising that he wasn’t aware that he would require planning permission for the work.

Mr Dutton was told he must pay a £1,500 fine, a £150 victim surcharge and £1,100 costs

Warrington Borough Council’s cabinet member for environment and public protection, Cllr Judith Guthrie, said: “This sends out a clear message that carrying out development on your property without obtaining the necessary planning permission will not be tolerated by the council.

“Our planning enforcement team will take firm action against those who flout the rules and choose to carry out unauthorised works. Notice will be served for the work to be removed and, where necessary, we will prosecute.”