Posted: Wed 28th Jun 2023

No appeal following prosecution of homeowner for breaching rules

news.wales / newyddion.cymru
This article is old - Published: Wednesday, Jun 28th, 2023

No appeal has yet been received after a prosecution was launched against a homeowner who failed to comply with national park enforcement action, members of its planning committee heard. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

Pembrokeshire Coast National Park officers served an enforcement notice last March due the unauthorised erection of two pole-mounted CCTV cameras and a 2.7metre high metal fence at Overhaven House, Blockett Lane, Little Haven. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

Pembrokeshire Coast National Park’s development management committee heard last June that this enforcement notice had not been complied with nor appealed within the relevant timescales and permission was granted to start prosecution proceedings. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

Pembrokeshire Coast National Park Development Management Committee members, at their June 7 meeting, heard: “The case was heard at the Haverfordwest magistrates court on May 4 in which the defendant [Mark David Chapman] pleaded guilty for the non-compliance of the Enforcement Notice issued on March 23, 2022. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

“At the same court hearing, charges had also been brought against the defendant by the National Park Authority concerning the unauthorised display of numerous advertisement signs in contravention of [regulations]. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

“The defendant also pleaded guilty to 11 charges relating to the unauthorised signage.  The defendant pleaded not guilty to a further two charges relating to unauthorised signage, which were dropped. All unauthorised signage had by then been removed and the height of the fence reduced. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

“The court imposed a six-month conditional discharge on the defendant and was ordered to pay the full prosecution costs of £2,783.37 to the National Park Authority and a surcharge of £26.” ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

The report before members added: “Whilst the Enforcement Notice relating to the CCTV cameras and fence has not been complied with, the defendant has reduced the height of the fence and intimated that it is his intention to appeal against an earlier planning application for retention of the CCTV cameras and the fence at the reduced height which was refused on February 9.” ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

Members at the June 7 meeting heard no appeal for that decision has been made to PEDW (Planning and Environment Decisions Wales). ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

“In the absence of a valid appeal being made to PEDW within the allowed timescale, officers will write to the offender reminding him that the ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

Enforcement Notice remains in force and requiring him to remove the CCTV cameras and fence within a short timescale (i.e. 28 days) or face further prosecution in the magistrates court for failing to comply with the Enforcement Notice,” the report adds. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

Committee members noted the contents of the report. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

By BBC LDRS ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​



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