Spelthorne secures planning enforcement prosecution

The case related to two enforcement notices. The first concerned the construction of two large brick walls and entrance gates in May 2018 without planning permission. A retrospective planning application was refused, an enforcement notice was served in October 2018, and an appeal was dismissed by the Planning Inspectorate. The notice required removal by 30 October 2019, but the Council witnessed non-compliance on 25 March 2022, 16 August 2022 and 10 February 2025.

The second enforcement notice related to two stable blocks erected in 2018 without permission. A retrospective application was refused in February 2020 and an enforcement notice served in July 2020. In April 2021, the Planning Inspectorate allowed the appeal in part, permitting Stable Block B, but requiring Stable Block A (including tack and feed room) to be removed by 9 July 2021. Non-compliance was again witnessed on 25 March 2022, 16 August 2022 and 10 February 2025.

Mr Cash changed his plea to guilty on all charges. The court considered the offending to be deliberate, for financial gain, and noted harm including loss of amenity, increased potential flood risk and enhanced property value. The offences were aggravated by a previous conviction for breach of a Temporary Stop Notice in August 2018.

Mr Cash was fined £8,000, ordered to pay a £2,000 victim surcharge and £6,412 prosecution costs.

Cllr Malcolm Beecher, Chair of Spelthorne Borough Council’s Environment and Sustainability Committee, said: “We take breaches of planning control seriously. Where enforcement notices are ignored, we will take appropriate action, including prosecution, to protect local amenity and ensure the planning system is respected.”