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Homeowner fined for illegal extension

Published Friday, 04 September 2015

A homeowner who extended his property without planning permission was fined £1,000, ordered to pay costs of £4,500 and a victim surcharge of £100 at Wood Green Crown Court on 28 August after being prosecuted by Enfield Council.

Yasin Mohamedassen of Medcalf Road, Enfield, denied the charges, but was found guilty of failing to comply with a planning enforcement notice contrary to s179 of the Town and Country Planning Act 1990. He was given until 30 November 2015 to comply with the order to reduce the extension or face further action.

The court heard that Mr Mohamedassen had first come to the attention of Enfield Council in March 2012 after a member of the public complained about the size of his extension. A second member of the public came forward in January 2013 proving that the extension was not over four years old as he claimed. This meant planning permission was required.

A planning enforcement notice was issued by Enfield Council on 14 May 2013, which required the reduction of the rear extension to a maximum depth of three metres by September 2013. On 23 October 2013 an officer visited the premises and saw that no action had been taken to reduce the structure.

On 24 April 2014 Mr Mohamedassen was summoned to court to answer why he had not complied with the enforcement notice. At the hearing on 22 May he entered a plea of not guilty.

On 28 August 2015 he was sentenced by the judge who said in his opinion the defendant had been ‘foolish’. The judge also remarked this was a ‘fight he could not win’ and advised if Mr Mohamedassen did not alter the extension he would incur further costs.

Enfield Council’s Cabinet Member for Environment, Cllr Daniel Anderson, said “Planning rules are there to protect residents from inappropriate and disruptive developments, and it is completely unacceptable for any individual to ignore the law and any instructions to modify a structure when the council intervenes.

“The ruling by the court is a clear warning to people who build without consideration to their neighbours or their surroundings, and think they can do whatever they want regardless of the impact their activities have on people living near their homes.

“We will not tolerate anyone who displays a calculated disregard for the law and cynical indifference to the effect of their actions on their neighbours, and we will always work tirelessly to protect the interest of the people living in this borough.”

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