A man in Bassett, Southampton, named Farhan Khan, recently found himself in trouble for building a garden fence that was too high without the proper planning permission. The timber fence was constructed on top of an existing brick wall that exceeded one meter in height and was adjacent to a road, which meant he needed permission under the Town and Country Planning Act 1990.
Despite being made aware of the breach, Farhan had not applied for planning permission and went ahead with the construction. When he finally submitted an application for retrospective permission, it was rejected in January 2023 because the fence did not align with the policies of the Bassett Neighbourhood Plan. Subsequently, the council instructed him to remove the fence by the end of June.
Farhan attempted to appeal the decision, but his efforts were too late, and the Planning Enforcement Notice came into effect in June 2023. He was given a month to take down the fence, but after failing to do so, he was warned that prosecution proceedings would be initiated. Despite receiving multiple warnings, Farhan did not comply, leading to him being summoned to Southampton Magistrates Court.
At the court hearing on November 13, Farhan pleaded guilty to failing to comply with the Planning Enforcement Notice. As a result, he was fined a total of £622 and now has a criminal conviction on his record. Councillor Sarah Bogle, Cabinet Member for Economic Development, emphasized the importance of upholding planning regulations to preserve the character of the Bassett area, as outlined in the Neighbourhood Plan.
This case serves as a reminder of the significance of following proper procedures when making changes to properties, especially in areas with specific guidelines like the Bassett Neighbourhood Plan. It highlights the responsibilities that property owners have towards their neighbors and communities to maintain the unique characteristics of the area. Failure to adhere to these rules can result in legal consequences, as demonstrated by Farhan’s experience.