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Unlawful extension lands landlord with hefty fine

illegal extension in Burley Road

A landlord who illegally rented out a property for years without planning permission has been ordered to pay £93,000 in fines and a confiscation order under the Proceeds of Crime Act.

Ian Kendall, of Burley Road, Christchurch, appeared at Southampton Crown Court for sentencing where he admitted a breach of two planning enforcement notices.

Kendall had first lawfully converted his detached garage into a dwelling known as The Barn, 41A Burley Road. In 2016, he applied for planning permission to extend this building, but these plans were rejected by Bournemouth, Christchurch and Poole Council for being too large. A fresh application was made, which was then approved.

Separate dwelling

In 2018, planning enforcement officers found he had built a larger extension than he had been given permission for and that he had also extended another property without planning permission to create a separate dwelling - 41B Burley Road.

Both retrospective planning applications were refused and enforcement notices issued, which Kendall lost an appeal against. However, the landlord continued to rent out the unlawful dwelling and occupied the unlawful extension, profiting from his activity, which prompted the council to refer the case to crown court.

Benefitted

The judge ruled that Kendall had benefitted from his criminal conduct and awarded a confiscation order for £77,133. Kendall was also fined £8,000 for the planning offences and ordered to pay costs of £7,877.

Councillor Millie Earl (pictured), portfolio holder for connected communities, says profiting from letting out unlawfully built dwellings is not only illegal, but unfair on tenants who have the right to live in a legal and safe home. She adds: “I hope the huge amount of money confiscated in this case shows just how far we are willing to go to ensure these important regulations are always followed.”

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