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Successful prosecution for breach of an effective enforcement notice

Dog Owner Found Guilty

Following a court hearing today (2 July 2025) at Staines Magistrates Court, Guildford Borough Council as the Local Planning Authority (LPA) have secured a successful prosecution against a landowner for the breach of an effective enforcement notice. 

The LPA issued an enforcement notice to the landowner in February 2021.  

This related to land being used without planning permission and included: 

  • the stationing of a static caravan /mobile home 
  • the erection of a day room, outbuildings, fencing and play equipment 
  • the laying of hardstanding 
  • and construction of a cess pit 

The landowner appealed the enforcement notice, the appeal was dismissed in March 2022. They were required to comply with the Notice by November 2022, but the unauthorised residential use and related works continued. As a result, the LPA began legal proceedings under planning legislation S179 of the Town and Country Planning Act 1990 (as amended). 

In a court hearing held today, the landowner pleaded guilty to the offence. They were issued with a fine of £22,500 plus associated costs. 

On hearing the sentence, Councillor Fiona White, Lead Cllr for Planning at Guildford Borough Council said: 

"We are really pleased with the decision from the Court on this matter.  As the Local Planning Authority, we take breaches to planning permission very seriously. We will not tolerate this sort of behaviour for unacceptable development. 

"In this particular case, the matter was considered through an appeal with the Inspector supporting the Council's position. It is unacceptable that the landowner did not comply with the enforcement notice by November 2022. As the breach of planning control currently continues, we hope this verdict will encourage the landowner to fully comply with the enforcement notice in the very near future. Failure to do so will force us to give strong consideration to further legal proceedings." 

Cllr White further added:  

"We hope that this sentence will deter others from breaching planning enforcement notices. It highlights the fact that we will take further action when it is in the public interest to do so. " 

This reflects one of our key priorities, building a resilient and well-managed council. Learn how we're working towards a Greener, Fairer, Thriving Guildford, through strong leadership and effective governance here: Corporate Strategy 2024-2034

Published 2 July 2025.