Bath & North East Somerset Council has taken legal action against a landowner for failing to comply with a planning enforcement notice requiring the demolition of an unauthorised building in the green belt.

Image courtesy of B&NES Council
The case related to the unauthorised construction of a building at Stowey Nursery, Folly Lane, Stowey.
In 2004 the Council refused planning permission for a large two storey building on the basis that there was insufficient evidence to justify its need for agricultural purposes.
Nonetheless, in 2006 the manager of the company which occupies the site, Andrew Hay of Stowey Nursery Limited/AJP Growers, proceeded to construct the building.
Following several years of discussions with Mr Hay the decision was taken in 2008 to issue an enforcement notice requiring the demolition of the unauthorised building and the reinstatement of the land.
An appeal against the notice was dismissed by the planning inspectorate in August 2009. Mr Hay was required to demolish the building within 12 months (by August 2010).
Following several further unsuccessful attempts by Mr Hay to seek permission for the retention of a building on site, the decision was taken by the Council to pursue legal action for non-compliance with the enforcement notice.
The planning department investigates in the region of 800 enforcement complaints each year and in most cases the majority of problems are successfully resolved.
The enforcement team will always seek to negotiate compliance of breaches of planning control and formal legal action is treated as a last resort.
In this instance, lesser measures were unsuccessful in securing the removal of the building therefore the Council was left with no option but to turn to the Courts.
The Council prosecuted Stowey Nursery Limited and Mr Andrew Hay for failing to comply with the 2008 enforcement notice.
Mr Hay and Stowey Nursery Ltd. pleaded not guilty but, following a trial at Bath Magistrates’ Court on 13th July, they were convicted and sentenced on the 28th July.
Stowey Nursery Ltd was given a conditional discharge for 12 months and ordered to pay a victim surcharge of £15. Mr Hay was issued a fine of £1,500, ordered to pay a contribution towards the costs of the prosecution of £2,000 and a victim surcharge of £120 – a total of £3620.
Cllr Liz Richardson, Cabinet Member for Homes and Planning, said: “This brings to an end a long running enforcement case. Planning laws apply to all and must be adhered to; they are in place to protect and enhance the landscape and environment we live in.
“The Council, in line with government policy, places great weight on protecting the green belt from unauthorised development and what this case clearly demonstrates is that you cannot simply get away with building without permission.”