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Gloucestershire Business News

£1,200 fine for man who flouted planning refusal

A man has been successfully prosecuted and fined for failing to comply with planning enforcement relating to the opening and use of an access on the B4077, near Toddington.

Tewkesbury Borough Council reports that on January 8th, Billy Joe-Roper, the owner of land at Warren Fruit Farm, near Toddington, pleaded guilty at Cheltenham Magistrates Court to "offences of non-compliance with an extant Enforcement Notice and a Temporary Stop Notice".

A retrospective planning application for this access had been refused in August 2023 on highways safety grounds, but the court heard that use continued and, despite multiple warnings, the access was not closed as per the requirements of the notice.

TBC's planning officers were eventually compelled to take direct action to close the unauthorised access in the interests of public safety.

A spokesman said: "Magistrates held that the defendant wilfully refused to do what was requested by the enforcement notice. Mr Roper was ordered to pay the borough council's costs, a fine and a victim surcharge totalling £1,280.

TBC Lead Member for Built Environment, Cllr Mary Jordan, said: "The defendant's disregard of the enforcement notice, to prevent unauthorised access on the B4077, put the public's safety at risk.

"This successful prosecution demonstrates the council's commitment to planning regulation and should act as a warning to those who would choose to ignore it, as we will not hesitate to take further action through the courts."

● In October 2023 TBC was granted an injunction on parcels of land at Warren Fruit Farm, shown above, marked in red. This order, granted on 6 October 2023, was made during a hearing at Birmingham District Courts. It prohibited further development being undertaken, permitted, or encouraged on the land. Cllr Jordan said at the time that "this injunction order sends a clear message that unauthorised development will not be tolerated."

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