A MAGISTRATE has been hit with a £93,000 court bill after pleading guilty to breaching two planning notices.

Ian Kendall, of Burley Road, attended Southampton Crown Court for sentencing and the making of a confiscation order under the Proceeds of Crime Act (POCA). 

He rented out an unlawful property and built an illegal extension; both had been built without planning permission, according to BCP Council.

During a hearing last week, the court made a confiscation order for £77,133.58. 

Mr Kendall was fined £8,000 for the planning offences and ordered to pay costs to BCP Council of £7,877.84, making a total of £93,011.42. 

He originally had a detached garage which was lawfully converted into a home known as The Barn, 41A Burley Road.

In February 2016, he applied for planning permission to extend this building.  

However, these plans were rejected as the extension was too big.

A fresh application was made, which was then approved.  

In 2018, planning enforcement officers found that Mr Kendall had in fact built a larger extension than the one he was given permission for. 

 Officers also found that Mr Kendall had extended another property he owned, and without any planning permission had created a separate dwelling known as 41B Burley Road.  

Retrospective planning applications for both unlawful dwellings were refused and enforcement notices issued.

Each notice gave Mr Kendall six months to comply with the requirements.  

He appealed against both, but the appeals were dismissed by the Planning Inspectorate.  

Throughout this process, Mr Kendall continued to rent out the unlawful dwelling and occupied the unlawful extension, profiting from his activity. 

Because of this and following a successful prosecution for failure to comply with the enforcement notices, BCP Council requested the case be transferred to the Crown Court for the making of a confiscation order under POCA.  

Cllr Millie Earl, BCP Council’s portfolio holder for connected communities said: 

“This is a fantastic result for the council and one which sends an important message. 

“Our planning team works hard to enable people to improve their homes, but we all have a responsibility to make sure these improvements do not break the rules. 

“Profiting from letting out unlawfully built dwellings is not only illegal, but unfair on tenants who have the right to live in a legal and safe home. 

“I want to thank the dedicated officers in our Planning Enforcement and Legal teams for their hard work. 

“I hope the huge amount of money confiscated in this case shows just how far we are willing to go to ensure these important regulations are always followed.”