Takeaway prosecuted - failing to comply with the Breach of Condition Notice

Published Tuesday, 14 May 2019

A company has been prosecuted for failing to comply with the Breach of Condition Notice following ongoing complaints about noise and smells from the existing ventilation system at the premises.

Following the retrospective planning application for a replacement ventilation system, permission was granted on the basis that certain conditions were to be met. Mr Gokhan Sinankili, the leaseholder and registered food business owner of Biter’s takeaway shop on 113 Croydon Road, Beckenham and pled guilty at Bromley Magistrates’ Court to failing to comply with the Breach of Condition Notice under Section 187A of the Town and Country Planning Act 1990 and was ordered to pay a total of £947 in costs.

Councillor Kate Lymer, Executive Councillor for Public Protection and Enforcement said “Planning permission conditions seek to ensure that various factors are dealt with as far as possible including protecting other occupants in the building as well as neighbours. Prosecution is a last resort, therefore when no response had been received, the council was forced to take action as compliance with the Notice served was breached. Complying with planning laws is of extreme importance and when we find that planning laws have been breached, we will take action”. 

Due to several ongoing complaints about noise and smells from the existing ventilation system which had been installed without planning permission, retrospective permission was granted for the installation of a replacement ventilation system, subject to conditions. These conditions specified that all equipment should be installed within one month of the approval and maintained thereafter in accordance with the approved details. The defendant failed to comply and was served with a Breach of Condition Notice by hand on 23 November 2018. The Notice served required compliance with the condition within one month of service of the Notice, by 24 December 2018. By 19 February 2019, no response had been received from Mr Sinankili and the Notice had not been complied with. As a result of the defendant not complying with the Notice served, he was prosecuted and fined £230, a £30 victim surcharge and court costs of £687.

Ends 

Notes to editors

  • This case was heard at Bromley Magistrates’ Court on 24 April 2019 with Mr Gokhan Sinankili pleading guilty to failing to comply with the Breach of Condition Notice.
  • Mr Sinankilii was fined £230 with an additional £30 victim surcharge and ordered to pay court costs of £687.

For media enquiries, please contact Andrew Rogers, Communications Executive, on 020 8461 7670 or email andrew.rogers@bromley.gov.uk