Prosecuted for breaking planning conditions

Published Tuesday, 29 May 2018

An Orpington resident developing his property in Buttermere Road, has been prosecuted for failing to comply with a Breach of Condition Notice.

Planning conditions were breached on the property development in Buttermere Road, Orpington which had permission for two self-contained 1 bedroom flats but the property had been altered to two flats with 2 bedroom accommodation instead.  Property owner and developer Manik Rahman failed to attend Bromley Magistrates' Court and the matter was proved in his absence.  He was ordered to pay a total of £2,578.

"Although planning permission had been granted for two 1 bedroom flats, it doesn't mean that other changes are acceptable as clearly personal gain was the driving force here with scant regard for anything else.  Legal action is always a last resort and if the flats had been restored as 1 bedroom in accordance with Condition 2 of the planning permission, a breach and therefore prosecution, would have been avoided" said Councillor Kate Lymer, Executive Councillor for Public Protection and Enforcement. 

Councillor Lymer added, "We will continue to monitor the situation and will take further action if necessary."

The allegation that the flats had been converted to 2 bedrooms first came to the attention of a planning enforcement officer in early 2017.  Despite contacting Mr Rahman the issue remained unresolved.  Officers visited the premises where they were allowed access to each of the flats by the tenants and found that they had been converted into two bedrooms as alleged. 

A Breach of Condition Notice was served on Mr Rahman requiring the two self-contained flats to be converted back to 1 bedroom within one month of the notice being issued.  When Mr Rahman failed to comply with the Breach of Condition Notice, court proceedings commenced.

Anyone wishing to build, extend, convert or demolish a property, or develop or change the use of a building or piece of land, may need planning permission and is advised to seek further advice from the council's website


Editor's notes:

  • The case was heard at Bromley Magistrates' Court on 9 May 2018 and Mr Rahman was ordered to pay a fine of £2,000 with costs of £458 and £120 surcharge.
  • The planning application for the development of 38 Buttermere Road, Orpington was initially refused but allowed on appeal in March 2012 subject to certain conditions.
  • The Notice was breached contrary to Section 187A of the Town and Country Planning Act 1990.

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