Thanet council has successfully prosecuted an isle developer, for a second time, following a continued failure to comply with planning enforcement notices.
Harriss Property Ltd was responsible for the Sea Bathing Hospital development on Canterbury Road in Margate. The council served the company with a Section 215 Notice on 27 August 2019 and two Breach of Condition Notices on 18 November 2020. These were served because the developer failed to complete the landscaping work at Charlotte Court, as agreed in the planning application.
The first case was heard at Folkestone Magistrates’ Court on Monday 31 January 2022. At that hearing, the District Judge ordered Harriss Property Ltd to pay fines, costs and a victim surcharge totalling £2,240.
The second prosecution was brought because following the first court ruling, Harriss Property Ltd made no attempt to complete the landscaping work. The outside area of the development remains unfinished and residents do not have access to a communal green space. Temporary metal steps and railings are still in place and the courtyard is devoid of any greenery.
The second case was also heard at Folkestone Magistrates’ Court, on Monday 25 November. Mr Harriss entered a guilty plea and the District Judge imposed further fines of £3,250, a Victim Surcharge of £1,300 and costs of £9,173.86, to be paid within 28 days of sentencing. This brings the total fines imposed on the developer to just under £16,000.
The prosecution was brought against Mr Harriss as he had failed to carry out the requirements of his planning permission. He had also let the Grade II listed former laundry building fall into a serious state of disrepair.
Cllr Rick Everitt, Leader and the portfolio holder for Planning, said: “Residents can be confident that we will look to take formal enforcement action where developers fail to carry out the conditions of their planning permission and this has a detrimental effect on the lives of local residents.
“The residents of Charlotte Court will continue to suffer from the developer’s failure to landscape the area, until the requirements of the breach of condition notices are carried out. These should have been completed before anyone moved into the property.”
Harriss Property Ltd will be advised to comply with the enforcement notices to avoid the council taking further action through the Magistrates’ Court.
Maybe the best way forward is to refuse any future planning applications from this developers.
Quite! More due diligence on developers.
And an inquiry into the management of the planning department. For years TDC ‘s planning department has given the impression of favouritism to certain developers and turning a blind eye to the many issues that arise in the course of changing our landscape.
The enforcement team historically was in the pocket so to speak of the convicted former Leader of the Council, Sandy Ezekiel and more recently during the bullying management years under the previous CEO Madeline Homer. There are current Cabinet Members who are fully aware of the skullduggery silenced with NDA’s and allegedly disassociated from significant practices to work for the Queen’s Council as it was then to secure the conviction of Mr Ezekiel.
The COVID years when officers didn’t leave the office for site visits enabled much flaunting of planning and building enforcement. I am sure many people in the community have a story or two to tell. Indeed many were raised with planning and there were no consequences for the law breakers.
We can all hope for real improvement – there is plenty of scope.
This is the way to do it!
https://www.bbc.co.uk/news/articles/cx264y0n9xzo
That would be against the law. The council isn’t able to refuse planning applications based on the identity of the applicant. It would just mean it was determined by a planning indicator on planning grounds instead.
It is time for harsher penalties to be enforced – a decade of neglect to the leaseholders is unforgivable.
How?
The work was unfinished because the company has gone under.
Lack of thinking by the council, who couldn’t discuss the matter with the liquidator. Another example of the Post Office case.
Half the houses in the town literally crumbling but they go to prosecute that one? 🤣
Should have remained as a hospital, there is only one in Thanet now, where there used to be several, and the population has grown.
In the mid seventies I lived in nurse quarters of this hospital. Trouble is, its old. The boiler house been demolished, it’s would be much cheaper to build and maintain a new hospital than renovate.
Councillor Everitt ‘s statement must appear like hot air to the lessees, who unfortunately will have to pay for these works as I understand Harriss have gone into liquidation . It appears TDC were too slow to take action . Not a good look for the leader of the council.
Oh dear another TDC fail!
If Harris’s has gone bust ,who owns the freehold of the flats if they are leased,I don’t know if they are . But if they are ,TDC go to court are sue for the freehold for compensation of work not done
Harriss Property Ltd is not in administration or liquidation according to Companies House (as of Sat 7th Dec).
Hundreds of hospitals have been closed over the years and thousands of hospitals beds lost in both general and mental health nursing hence the reason the hospitals that are left are full to capacity with long waiting list. All down to the Conservative to try and steer patients into the paying private healthcare.