Dorset Council secured a successful prosecution in court recently, as a Weymouth resident was sentenced for failing to comply with a Planning Enforcement Notice.
Aytach Hasan, 73, of Wyke Regis, owns part of the land located on the northwest side of Pirates Lane. In 2015, the previous owner subdivided the site into around 120 parcels and started selling them. Mr Hasan was one of around 45 purchasers who bought plots between November 2015 and March 2017.
The lawful use of the land is agriculture, but many of the purchasers used their plots for unauthorised purposes. Mr. Hasan himself was found to be using the land for leisure and recreational purposes and for storing non-agricultural items and equipment.
The whole site lies within the West Dorset Heritage Coast, which was established to conserve, protect, and enhance the natural beauty of the coastline.
The Council attempted to inform and educate the plot holders regarding the lawful and unlawful uses of the agricultural land, and produced factsheets for the owners. Unfortunately, as a significant amount of unauthorised development continued on this protected site, including by Mr. Hasan, the Council served Enforcement Notices on each plot owner back in July 2018.
The notice required each owner to remove all unauthorised assets from their plots by February 2020. A subsequent appeal to the Planning Inspectorate and the COVID-19 pandemic delayed proceedings, but when officers returned to inspect the land several times between September 2020 and May 2023, no steps had been taken by Mr. Hasan.
This was despite the Council writing to the defendant reminding him of the requirements of the Notice and the potential for prosecution if he failed to comply. This left the Council no choice but to pursue prosecution.
On Tuesday 31 October, at Weymouth Magistrates Court, Mr. Hasan pleaded guilty to failing to comply with an enforcement notice, by failing to cease:
- using the land for leisure and recreational purposes;
- the use of the land for the storage of non-agricultural equipment.
And by failing to permanently remove from the land…
- all items used ancillary to leisure and recreational use, including all caravans;
- all building materials, and equipment including tools, bricks, and stored timber;
- all structures placed on the land in connection with the unauthorised mixed use including any sheds;
- other specified buildings on the land, and permanently remove all materials resulting from demolition or dismantling.
…all contrary to section 179 (2) of the Town and Country Planning Act 1990.
Mr. Hasan was fined £300 for each of the two offences and was ordered to pay prosecution costs in the sum of £3,477, the full amount claimed. He was also ordered to pay a victim surcharge of £32. The grand total being £4,109.
Cllr David Walsh, Dorset Council’s Portfolio Holder for Planning, said:
“This successful prosecution should come as a warning to anyone who thinks they can ignore Planning Enforcement Notices without consequence. We gave Mr. Hasan more than enough time and support to comply with our instructions and, while we’re pleased with the result, it shouldn’t have come to this.
“Many other plot owners in this area have also failed to take heed of our Enforcement Notices, and we will be taking legal action in due course. In the meantime, I want to thank our Planning Enforcement officers and Legal team for their hard work in bringing this case to court.”
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