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Planning

Brothers fined £1,000 each for failing to comply with planning enforcement notice

Brodyr yn cael dirwy o £1,000 yr un am fethu â chydymffurfio â'r hysbysiad gorfodi cynllunio

Two brothers have been fined £1000 each for failing to comply with an enforcement notice issued by Pembrokeshire County Council’s Planning Department.

Ryan and Declan Cole of Clifton Villa, Clynderwen, appeared at Haverfordwest Magistrates Court on March 9th.

The applicants had sought retrospective planning permission for a large agricultural building, hardstanding and access track which was refused by the Council’s Planning Committee on 6th September 2022.

The application referred to land at Cwm Farm, Llawhaden.

The applicants had previously made two unsuccessful planning applications relating to the same developments in 2019 and 2020.

On 12th February 2021, the Council’s Planning Department issued an enforcement notice under the Town & Country Planning Act 1990 requiring the brothers to remove the structures within four months.

This was extended to nine months by the Planning Inspectorate but the applicants failed to comply.

The Council served a summons for the Coles to appear before magistrates in Haverfordwest where they pleaded guilty to failing to comply with an enforcement notice.

Both Ryan, 24, and Declan, 23, were fined £1000 plus a £100 victim surcharge and must also pay legal costs.

The Council has now applied to the High Court for an injunction to remove the various structures.

That application is due to be heard at the Business and Property Courts for Wales, Cardiff, on 19th April, 2023.

Cllr Jon Harvey, the Cabinet Member responsible for Planning and Housing Delivery, said: “I’m pleased to see the fines imposed by the court and this case shows that anyone who ignores the legal planning process and fails to comply with enforcement notices will undoubtedly face the consequences. 

“I commend the Planning Department for their diligence in this matter and would urge anyone considering undertaking a development to please speak with our planning team before undertaking any works.

“Officers will be happy to help provide confirmation as to whether planning permission will be required and what information needs to be submitted as part of a planning application.”