BTL landlord loses appeal at High Court over extension

A buy-to-let landlord in Doncaster has lost an appeal at the High Court after he built an extension on a property without planning consent. 

The applicant, who has not been named in council documents, submitted a retrospective planning application for a ground floor extension at a property on Kirk Street in Hexthorpe, DN4, three years ago. 

An appeal to the planning inspector was rejected by the council, which issued enforcement action on the structure in April 2017, requiring the removal of the extension and to return the remaining building back to its former condition by September.

The landlord failed to comply with the enforcement notice to remove the unlawful extension continued for almost 20 months, according to Doncaster Council’s planning department.

A prosecution case was raised in the magistrates’ court but the landlord opted to escalate to Sheffield Crown Court, where he pleaded guilty and was issued a £15,000 fine plus costs to the council.

But this case was then taken to the High Court of Appeal, but the judge dismissed the appeal and the £15,000 fine was upheld.

A council spokesman commented: “The Planning Investigation Team has continued to work towards the remediation of the land.

“Progression had been made prior to the Covid-19 pandemic including the removal of the fencing and gates. Further progress will be made following a site inspection to assess any outstanding requirements of the enforcement notice.”

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