Wealden site owner fined in planning prosecution
Publish Date: 3 October 2024
A site owner has been fined for allowing works to take place on land in breach of an extant Enforcement Notice and failing to respond to a Planning Contravention Notice.
Marina McCarthy, who owns the Cart Lodge site in Stonehurst Lane, Hadlow Down, was due to appear at Hastings Magistrates’ Court last week in a prosecution brought by Wealden District Council.
Ms McCarthy did not attend the court hearing and the magistrates agreed to hear the matter in her absence.
The council served a Notice seeking information from the owner about works that had been carried out at the site in breach of an existing Enforcement Notice. It is an offence to ignore such a notice or to fail to respond without reasonable explanation.
Magistrates found the matter proved and Ms McCarthy was fined £1,000, ordered to pay a surcharge of £400 and costs of £564.
The magistrates imposed a 28-day collection order. This means that the landowner will be sent details of the financial penalty and should contact the court within 28 days to arrange full payment or an agreed payment plan.
Councillor Ian Tysh, Alliance for Wealden (Green) and lead councillor for Planning and Environment, said, “As always, we will robustly pursue damaging breaches of planning control and this court case shows once again that we will take people to court where there has been a serious contravention of planning laws.
“I am pleased with the outcome here, not least as it shows what happens to those who ignore our enforcement officers who had legitimate grounds for asking questions about recent works here.”