Residents fined for turning garage into accommodation

A couple who converted their garage into habitable accommodation have been ordered to pay more than £2,000 each for breaching planning regulations.

The case, dating back to October 2015, involved unauthorised works at the home of Dr Reeta Herzallah and Mr Hamdi Almasri of Old Church Road, Enderby. 

In addition to converting the garage, the pair erected fencing, preventing off street parking at the property, according to Blaby District Council.

The local authority said the couple also undertook illegal works within the highway and created an unauthorised vehicular access onto the busy B4114 dual carriageway.

These works resulted in a Breach of Condition Notice being served on both Dr Herzallah and Mr Almasri under Section 171 D (1) of the Town & Country Planning Act 1990. 

The defendants were each ordered to pay a £770 fine, legal costs of £1,252.30 as well as a £77 victim surcharge, in their absence at Leicester Magistrates’ Court on 7 February.

Planning permission granted for the original housing development in 2007 included conditions stating that car parking facilities, including the garage, should permanently remain available for such use to ease potential on-street parking issues. Planning permission was also required for the creation of the vehicular access 

Blaby’s Planning Enforcement team were first made aware of the breaches in October 2015 and, the council said, made numerous approaches to Dr Herzallah and Mr Almasri to resolve the matter. 

A retrospective planning application to retain the works was submitted by the defendants in July 2016 but was refused and subsequently dismissed on appeal by the Planning Inspectorate in February 2017.

After further correspondence from the council some remedial works were undertaken by the defendants in May and June of 2017, which included the removal of fencing. 

However, inspections by officers in July and August 2017 found that the garage had not been restored to its approved use, with the inserted door and window concealed by a propped up garage door.

A final site visit in November 2017 confirmed that the required works to the garage had still not been undertaken, following which the council sought prosecution for the offence.

Cllr Sheila Scott, Portfolio Holder for Planning, Housing Strategy, Economic & Community Development at Blaby, said: “The message from this case is clear. If you breach planning regulations and ignore us we will not just go away.

“Creating an access onto the busy B4114 and blocking off valuable off-road parking space was completely unacceptable. We will be following up the successful prosecution with a further visit to ensure that all the requirements of the Breach of Condition Notice are fully complied with.”