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Council prosecution sees homeowner ordered to pay £40k+ for unauthorised extension

A homeowner who built a side and rear extension without planning permission, was refused planning permission, and then failed to demolish the extension which was being rented out as an independent self-contained unit has been ordered to pay more than £40,000 by way of a fine, costs and a confiscation order.

Slough Council said that on 26 October 2018, Saghir Malik, 53, of Mortimer Road, Slough was served with a planning enforcement notice under section 171a of The Town and Country Planning Act 1990.

The proprietor was required to cease the unauthorised use of the land as two separate dwellings and demolish the unauthorised extension.

Mr Malik appealed to the Secretary of State, but his appeal was dismissed meaning the enforcement notice had to be complied with.

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The council said a site inspection was conducted and it was noted that the requirements of the planning enforcement notice had not been complied with and therefore a criminal offence had occurred (namely, failure to comply with a statutory notice).

On 12 March 2021, Mr Malik pleaded guilty at Reading Magistrates’ Court to an offence under S.179(2) of the Town and Country Planning Act 1990, having failed to comply with the requirements of the Planning Enforcement Notice. 

The defendant was sentenced on 4 March 2022 by HHJ Burgess QC at Reading Crown Court as follows;

  • A confiscation order under the Proceeds of Crime Act 2002 of £31,914.35 (given three months to pay or face 12 months imprisonment if he fails to do so)
  • A fine of £6,000;
  • Costs of £4,000 (given six months to pay or face three months imprisonment).

Cllr Pavitar K. Mann, Slough’s deputy leader and cabinet member for transport, planning & place, said: “This resident has not only ignored the planning permission process and enforcement notice, he has also illegally rented out the annexe that he was required to demolish.

“This has cost him tens of thousands of pounds and council staff will continue to monitor what is being developed in the borough.”

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