Doncaster landlord loses appeal at High Court over extension

The applicant, who has not been named in council documents, submitted a retrospective planning application for a ground floor extension at a property on Kirk Street in Hexthorpe back in 2017.

An appeal to the planning inspector was thrown out and the council issued enforcement action on the structure in April 2017, requiring the removal of the extension and to return the remaining building back to its former condition by September.

Failure to comply with the enforcement notice to remove the unlawful extension continued for almost 20 months, DMBC planning officer said.

A prosecution case was then raised in the magistrates’ court but the landlord chose to escalate to Sheffield Crown Court.

The landlord was said to have pleaded guilty and issued a £15,000 fine plus costs to the council.

This case was then taken to the High Court of Appeal. The court dismissed the appeal and the £15,000 fine was upheld.

DMBC planning officers also brought a successful prosecution against a man who put up fencing for storage without permission on Radiance Road in Wheatley.

The applicant put in a retrospective planning application for the structure but this was turned down by the council.

The grounds for refusal was that it was out of character with the surrounding area, and was concerned a poor quality development which affected the amenity of the adjacent property.

Following the refusal of the planning application, the case was prepared for aprosecution at the magistrates’ court and the offender was fined £800.

A council spokesman said: “The Planning Investigation Team has continued to work towards the remediation of the land.

“Progression had been made prior to the Covid-19 pandemic including the removal of the fencing and gates. Further progress will be made following a site inspection to assess any outstanding requirements of the enforcement notice.”