Louise Humphreys acted for Chiltern District Council (CDC) in the prosecution of Mr Asrar Ahmed and Lombard Hotels Limited for failing to comply with an enforcement notice with both defendants being convicted at High Wycombe Magistrates’ Court today (17 May 2018).
The case concerned premises known as Bubbles car wash, trading as Deep Mill Vans, on the A413 London Road in Little Kingshill.
In November 2014, CDC found that the number of vehicles being displayed, stored and sold on the site (which was located in the Green Belt and in an Area of Outstanding Natural Beauty) was far greater than permitted under the terms of the original planning permission. An enforcement notice was issued required the owners to comply with the condition limiting the number of vehicles on site and requiring them to be displayed in the permitted areas.
At the same time the owners submitted an application seeking to remove the relevant planning condition. This application was refused by CDC and that refusal upheld on appeal to the Secretary of State because of the impact on the Green Belt, AONB and on highway safety grounds.
Following the coming into force of the enforcement notice, CDC carried out numerous site visits and discovered that the number of vehicles on site still exceeded the permitted maximum and vehicles were being displayed outside of the permitted areas.
Prosecution proceedings were therefore brought against Lombard Hotels Ltd as the owner of the site and Asrar Ahmed as the sole Director of the company.
Following a trial at the Magistrates’ Court, both Defendants were found guilty of six offences each of failing to comply with the enforcement notice.
The case has now been sent to Aylesbury Crown Court for sentence and for the making of a confiscation order under POCA.