The long running enforcement case for the unauthorised operation of a scrap business by Mr Guy Jason Evans of Field Farm, Pennyford Lane, Wootton Wawen continued with another recent court hearing.
Following a 3-day Court hearing at the beginning of February, the High Court of Justice Queens Bench Division accepted the District Council's application for committal proceedings against the owner of Field Farm, Wootton Wawen in respect of the failure to comply with an Injunction Order issued by the same court in December 2013.
The Court ordered that Mr Guy Jason Evans be committed to prison for contempt for a period of 6 months, but suspended until 11 April 2017 provided that Mr Evans removes all items stored on the land in connection with the unauthorised scrap business within 2 months of the date of the decision (11 April 2015) and that Mr Evans thereafter complies with the Order.
This action follows a previous 4-day court hearing in December 2013 where the District Council sought an Injunction against unauthorised activities on the land.
Cllr Chris Williams, Chairman of Regulatory Committee says: “The Council does not relish in taking legal proceedings against breaches of any law but this case is a good example of how all other methods of enforcement action had been taken and yet the owner continued to carry out the unauthorised activities which were causing significant harm. This action was against a flagrant and persistent breach of the Court Order. Legal proceedings are usually costly on the public purse which is another reason why this course of action is not taken lightly, but in this case it is pleasing to see that Mr Evans has been ordered to pay the Council's costs as well as receiving the custodial sentence."
Background information
In August 2013 Stratford-on-Avon District Council successfully prosecuted Mr Guy Jason Evans of Field Farm, Pennyford Lane, Wootton Wawen for non-compliance of an Enforcement Notice. Mr Evans was fined £2,000 and the Court ordered him to pay the District Council's costs of £3,000.
Following this court case the District Council instigated Injunction proceedings to secure compliance with the original Enforcement Notice issued in 1986 and to require the other unauthorised activities on site to cease.
A 4-day hearing took place at the beginning of December 2013 and the High Court of Justice Queen's Bench Division in Birmingham agreed to grant an Injunction Order in respect of the land at Field Farm, Wootton Wawen.
Mr Evans was required to:
- Remove all unauthorised items from the land and buildings.
- Cease the use of the land as a scrap business (in contravention of a 1986 Enforcement Notice issued by the District Council).
- Cease the use of the land and buildings for storage of items not required for the purpose of agriculture.
- Cease all unauthorised businesses which operate from the land and demolish an unauthorised building which is used by Henley Tyres.
All this needed to be done within 6 months of the date of the Order or Mr Evans was at risk of imprisonment.
The High Court Judge agreed with the Council that this was a case of a 'flagrant and sustained breach of planning control' and that the injunction was expedient and proportionate.
Mr Evans was also been ordered to pay the District Council's full costs associated with the Injunction proceedings.
