A Building owner is realising the serious consequences of failing to comply with enforcement notices after being hit with a bill exceeding £20,000 for ignoring a 15-year-old enforcement order.
Mohammed Amin was penalised after disregarding a notice first served at 109 Oak Lane, Manningham, back in 2010.
The enforcement notice followed the “unauthorised installation” of a replacement shopfront and roller shutter on the property, which lies within a conservation area.
Said areas exist to keep special architectural and historic characteristics of an area intact. This means that despite owning the buildings and other properties that reside inside them, businesses cannot simply alter the appearance or structure of these places however they please.
Mr Amin admitted breaching the order at Bradford Magistrates Court earlier this month and was handed a fine of £16,200.
In addition, he must pay £2,698 in prosecution costs and a £2,000 victim surcharge, bringing the total to £20,898, to be paid at £700 per month, according to the Local Democracy Reporting Service.
While there have been several cases recently where building owners have faced penalties for failing to comply with enforcement notices, this is by far the largest.
Planners had rejected a 2009 application to retain the modern frontage at 109 Oak Lane.
While the application recognised the property’s location in a conservation area but stated that reintroducing a Victorian frontage “cannot be done realistically” due to the presence of other modern shopfronts along the street.
The works were considered to have “detracted from the appearance of the host building and the North Park Road Conservation Area.”
An enforcement notice followed in July 2010, instructing the shopfront to be restored within three months.
After sentencing, a Bradford Council spokesperson said: “It is the largest fine we’ve had in recent years for this type of court case, and it sends a clear message that we will continue to pursue those who flout planning laws.
“The council will continue to pursue compliance with the requirements of the Enforcement Notice. We would urge all businesses and residents who receive an enforcement notice to engage with our Planning Service proactively so we can ensure issues are resolved before they reach this stage.
“Once an enforcement reaches the stage of a court hearing the costs of complying increase hugely and, as this example shows, it can prove very costly for the defendant.”
The case underlines the risks and financial consequences of failing to comply with enforcement notices, highlighting the importance of responding promptly to planning orders.
While conservation areas may seem restrictive, they are also reflective of nearby house and property value. Research by the London School of Economics and Historic England has found that this value is reflected in the price of properties in conservation areas.
While the properties may cost more, they also appreciate in price more than comparable buildings and business locations in other areas. This persists even after adjusting for location and other intervening factors.
