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St Erth man faces prison unless he complies with planning notice

By CMChloe  |  Posted: January 24, 2014

Cornwall_Council

St Erth man faces prison unless he complies with planning notice

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A St Erth man has appeared before a district judge after the council applied for an injunction to secure compliance with a planning enforcement notice he has flouted for four years.

David Leak, of Chenhalls Road, has been ordered to remove a caravan, two storage units, vehicles and other materials associated with his wood working business from village land-or face a fine or prison sentence.

Despite being given a planning enforcement notice in 2009, Mr Leak continued to reside on the land in breach of a notice from Cornwall Council, which is a criminal offence.

Mr Leak unsuccessfully appealed the notice and the council’s attempts to encourage compliance have so far failed.

Hayley Jewels, the council’s enforcement group leader, said: “The council had no choice but to apply to the court for an injunction as it was considered that no lesser steps would remedy the breach of planning control. Mr Leak has continued to flout planning laws for over 4 years.

"It is a shame that a resolution could not have been reached sooner without the need for such serious legal action, but repeated breaches of planning control will not be tolerated and the council will continue to ensure that the integrity of the planning system is upheld."

Failure to comply with the court injunction by April 2014 could result in a prison sentence for Mr Leak.

Mr Leak was also ordered to pay £2002.60 towards the council’s costs.

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