South Gloucestershire Council

Published: 21/04/2015

South Gloucestershire Council has successfully prosecuted GMT Developments (UK) Limited, who were fined £10,000 plus costs after pleading guilty to breaching planning rules.

Prosecutions were brought against both the property developer and its site manager, Mr Russell Davies, for failing to comply with a Temporary Stop Notice that was served on land adjacent to 328 North Road, Yate. Both defendants pleaded guilty to the charges when they were heard at Yate Magistrates’ Court on Friday 17 April. GMT Developments (UK) Limited were fined £10,000 and ordered to pay the council’s costs of £1,395.69 along with a £120 victim surcharge. Mr Davies was fined £500 along with a £50 victim surcharge.

The £10,000 fine issued to the developers is one of the highest fines given out for non-compliance with a notice served by South Gloucestershire Council in the past 10 years.

These prosecutions follow a Temporary Stop Notice and court injunction recently issued against GMT Developments (UK) Limited. The notice, served on 11 March 2015, required activity at the development to stop immediately, however enforcement officers secured evidence of ongoing work taking place in breach of the notice for several days after it was issued.

The injunction, which is the strongest planning enforcement power, was issued by Bristol County Court on 27 March and required all work to stop immediately on the site. After the terms of the injunction order were agreed in court, South Gloucestershire Council were also awarded £3,500 in legal costs from the defendants. An interim injunction had previously been granted on 23 March 2015.

Other planning offences before Yate Magistrates’ Court on 17 April included Carol Porter of Factory Road, Winterbourne. She was convicted in her absence for failing to comply with a Breach of Condition Notice served by us on 29 August 2014 and a Section 215 Notice, also served on the same day, regarding a property at 31 Northend Road, Kingswood. She was fined a total of £900 for the two offences with victim surcharges totalling £90 and costs to the council of £1,037.46.

The notices required cycle parking facilities to be installed and required fencing to be erected at the property, both as per approved plans. The land had also become untidy and the Section 215 Notice required the removal of overgrown vegetation, tiles and litter from the land.