Dorset Council was successful in court last week (26 November) following an investigation by its Planning Enforcement team.
Valentine Ealson, 69, of Gillingham pleaded guilty to failing to comply with a Planning Enforcement Notice, issued in February 2022, which requires him to cease unauthorised use of land at Buckhorn Weston.
The lawful use of the land is agriculture, but Mr. Ealson has been using it for storing non-agricultural items and equipment. The Notice required him to remove everything that shouldn’t be there, including various vehicles, caravans, machinery, and scrap metal.
The enforcement action began following numerous complaints to Dorset Council from residents regarding the harmful impact the unauthorised development is having on the appearance of the land, public footpaths, and rural landscape.
Mr. Ealson was given the opportunity and a significant amount of time to comply with the Notice. He was sent numerous letters by the Planning Enforcement team setting out clearly what needed to be done to avoid prosecution.
Over more than 18 months, Planning Enforcement Officers visited the site on many occasions and actively engaged with Mr Ealson to try and remedy the situation. While there were minor improvements, these were not consistent and at no time did the unauthorised uses cease.
Following a final visit in September 2024, officers confirmed there had been no adequate improvements to the site. The decision was then taken to prosecute Mr. Ealson for failure to fully comply with the Planning Enforcement Notice.
At Weymouth Magistrates Court on Tuesday 26 November, Mr. Ealson pleaded guilty to failing to cease storage use and remove the items. However, he did not accept that everything on the land could not be there and claimed he has now removed most of the offending items.
Despite this late action, sentence was passed with a £250 fine (benefit given for his guilty plea), victim surcharge of £100 and costs of £600.
The Court warned Mr Ealson that the sentence was passed on the basis that almost all remaining items were to be removed by March 2025. They encouraged Mr Ealson to engage with the Council to ensure he does everything necessary to avoid further legal action.
Dorset Council’s Planning Enforcement Team will continue to monitor the site for compliance next year and engage with Mr. Ealson as needed.
Cllr Shane Bartlett, Dorset Council’s Cabinet Member for Planning, said:
“This continued breach undermined the integrity of the planning process, and the respect and confidence people have for planning laws and their enforcement by Dorset Council. It’s important that everyone understands that we are fully prepared to act when necessary.
“In this instance, the defendant had every opportunity to work with our Planning Enforcement Team to resolve the issues before a prosecution was used as a last resort. As he failed to respond appropriately, we were left with no choice but to take the matter to court.
“I want to personally thank our Planning Enforcement officers and our Legal team for their hard work in getting the case to this stage. I hope this result will be seen as a clear example of the enforcement powers Dorset Council has at their disposal, and of our willingness to use them in the interests of the communities we serve.”
