A Thanet developer which failed to comply with two Breach of Condition Notices has been successfully prosecuted by Thanet District Council.
The case was heard at Margate Magistrates’ Court on Tuesday 20 June and resulted in a guilty verdict and fines and charges totalling £6,250.
The notices related to overdue work and landscaping that should have been completed at the 34 property Manston Park Living development on Manston Road. The breaches included failure to provide a play area for the children of local residents.
The council had received numerous complaints from members of the public, relating to the developer’s failure to provide the landscaping and other works that were a condition of the planning permission granted to Manston Park Living Ltd.
Mr Sturge, of Manston Park Living Ltd, formally entered a not guilty plea in relation to the offences, which contravened section 187A of the Town & Country Planning Act 1990. Mr Sturge maintained he had complied with the requirements of the notices in part, but was found guilty by the Magistrates’ Court.
The District Judge ordered Manston Park Living Ltd to pay the maximum fine of £2,500, with costs of £3,500 and a £250 surcharge.
Manston Park Living Ltd will be advised to comply with the enforcement notices within set timeframes, to avoid the council taking further action.
Cllr Rick Everitt, Leader of Thanet District Council, said: “Landscaping is an absolutely essential part of any residential development – fulfilling the environmental aspects of an approved development scheme is not optional.
“More than that, it is a criminal offence to fail to comply with enforcement notices. We take matters of this nature very seriously, and won’t hesitate to take formal action where developers’ decisions have resulted in harm to local residents and the local area.”
Laughable! £6,250 to someone who can afford to build 34 homes is no more than a very gentle slap on the wrist.
His face was still a picture in court not expecting to be fined.
The developer still needs to carry out the required work on top of the fine. If not back to court they go …
And who takes TDC to court when they have breached members of the publics rights, I know of one resident that is in her 6th year of fighting for justice after the council have not complied with what they are legally obliged to do.
Hello former cllr Brimm.
Where is the shop that was part of the Bakers Field development at Cliffsend.
Try Local Government Ombudsman if you haven’t already
Needs investigating. Rick you fined someone you let planning permission to.. Sack of potatoes the lot of you
I would not have anything to do with Martin Sturge. He has another development in Broadstairs (The Fairways) don’t go anywhere near it. Well done TDC planning enforcement officer.
I would like to see no breaches of conditions when planning consent is given by TDC but it does seem to be prolific with many of the developments in Thanet. If a developer and TDC agree what will be built in the planning application then they should abide by it, not try and weasel out of it later. Why don’t TDC take them all those others to court too?
Thanet Council should be prosecuted along with its current and previous MPs and Coucillors, for decades of mismanagement, neglect, incompetence, corruptions, neglect, gross negligence and if I have time there’s more. Not forgetting it’s blind chasecto get into bed with a multiple time failed business man whom heads a dodgy company and is striving to open a multiple time failed airfield instead of having the vision to use the land for something really constructive to benefit the area, however no worry following all the Time and money wasted on this vanity project, it will be dead again within 9 years if it lasts that long.
Whilst I agree with your comments about the long term mismanagement of Thanet I should point out that TDC did refuse Riveroak proposal on the basis of them not being able to say where the money is coming from. Perhaps that’s why RSP have pursued the DCO as little scrutiny was applied as to the actual source of the £500M future funding.
And will the owners of these properties have to pay a management fee to maintain the public spaces,roads, street lighting etc because the developers have used substandard materials that fall below KCC’s requirements to adopt and maintain them? These property management companies charge home owners over a thousand pounds a year to do so and every time for example the play park gets vandalised they up the fee. Up north some homeowners are so sick of this that they have locked the their play park off to prevent members of the public using it. Hardly promotes inclusive neighbourhoods does it? And all done to save the developer money and of course the local authorities love it because its less work for them. This practice should be illegal because effectively these residents are paying what amounts to two lots of council tax.
An all too common issue that is becoming more prevalent these days. A developer does not have to have a highways authority adopt any road in a development. When that is the case: buyer beware!!! Wouldn’t touch any property not on an adopted road. Flouting of planning permission conditions also too common and TDC not enforcing them unless shown up.
A developer failing to make good on it’s promises? I am shocked I tell you.
Enjoy this rare spectacle – TDC actually following through on a planning breach!
Is this a new broom with Rick behind it or a planning officer hoping to get a prosecution on their CV?
I propose next up is Thanet Earth and their failure to plant trees and shrubs to provide screening of the industrial unit greenhouse as required under the planning consent?
And they should be fined for their light pollution too which is disgraceful.