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Homeowner taken to court over breach of planning permission

Published on 07 September 2017

A HOMEOWNER who constructed a dormer window that didn’t meet planning regulations has been forced to take it down after the city council took legal action.

Sadique Yusuf, of Evington Drive, was also ordered to pay more than £14,000 in costs and faced prison, having already been given a suspended sentence.

The matter was initially reported to the city council in May 2012, and the council served an enforcement notice requiring the dormer window to be demolished. Mr Yusuf appealed.

Although the appeal was dismissed, and despite reassurances by Mr Yusuf that he would address the situation, no significant work to comply with the notice was carried out.

This left the city council with no other choice but to obtain an injunction to compel Mr Yusuf to undertake the necessary work.

Mr Yusuf breached the injunction and the council took further proceedings against him. Each time the case went to court, Mr Yusuf was granted extensions of time to put things right.

In July 2016, Mr Yusuf was given a four-week prison sentence, suspended for six months, for failing to comply with the injunction.

The work on the dormer window was not carried out until last weekend (2/3 Sept), just before a hearing on 4 September in which a County Court Judge was due to consider whether Mr Yusuf should be sent to prison to serve his sentence.

The city council has been awarded costs each time it has taken this matter to court.  The total amount of costs awarded to the council is £14,382.00.  

At the hearing on 4 September, the court warned Mr Yusuf that he will need to make good the roof of the property, or, if constructing another dormer window, he will need to ensure that it complies with planning permission granted by the council.  

Assistant city mayor Cllr Piara Singh Clair, who is responsible for planning enforcement, said: “This is the result of lengthy court action the city council has been forced to take, because Mr Yusuf refused to comply with planning permission.

“It sends a clear message to homeowners that even if you delay complying, we will pursue legal action and you will have to put things right.

“It simply isn’t worth taking the risk of building without planning permission – you could end up having to pay substantial court costs and could even face prison.”

Information on planning permission and planning regulations is available at www.leicester.gov.uk/planning

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