Dealership owner fined for breaching planning conditions

22 November 2017

The owner of a Newark car dealership who has persistently flouted planning conditions has been ordered to pay more than £2,500 by Nottingham Magistrates.

Andrew Taylor, the owner of the Taylor Motor Group, was granted planning permission in 2011 to use land at Fardon Road as a car showroom and for sales, subject to certain conditions.

One of those required TMG not to park vehicles for sale on certain parts of the site, which would be reserved for customer and staff parking only, the intention being to avoid motorists parking on the surrounding highway.

Magistrates were told that TMG had been breaching the conditions for a number of months, causing a number of complaints from nearby residents.

On July 19 this year, Newark and Sherwood District Council's planning enforcement team issued a breach of condition notice under Section 187A of the Town and Country Planning Act (1990), which gave TMG until August 16 2017 to comply with the conditions. Failure to comply with the requirements of a breach of condition notice is a criminal offence.

Mr Taylor failed to ensure compliance with the notice and consequently was prosecuted. He pleaded guilty to the offence and sentencing was dealt with on November 17 in his absence. He was fined the maximum permitted by the Act (£2,500), which was reduced by one-third on account of his guilty plea to £1,700. He was also ordered to pay the council's legal and investigative costs of £668 and a victim surcharge of £170, making a total fine of £2,538. He has 28 days to pay the fine and the court also attached a collection order, meaning that goods can be seized if not paid in full within 28 days.

Council Business Manager - Growth Development, Matt Lamb, said: "Mr Taylor had plenty of opportunity to ensure compliance with the planning conditions from the outset and then to rectify the breach but left us with no option other than to prosecute. 

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