An appeal against a Magistrates Court ruling that the height of a fence must be reduced has been thrown out at Truro Crown Court.
Cornwall Council’s Planning Enforcement Team prosecuted Mr Paul Green and Mrs Tracey Green of Innomore (formerly The Plume of Feathers, Penhallow) for non-compliance with an Enforcement Notice. The notice required Mr & Mrs Green to reduce the height of their fence to no more than 1m following serious highway safety concerns.
The case was first heard at Bodmin Magistrates Court on 09 March 2017 when the land-owners were found guilty of non-compliance with the requirements of an Enforcement Notice. The Magistrates ordered the land-owners to pay fines totalling £5,000 and also ordered them to pay the Council’s costs of £10,800.
On the 31 October 2017, the land-owners appealed the Magistrates ruling in the Crown Court in Truro. The appeal was dismissed and Mr Green was ordered to pay additional costs of £1,860.
The Council’s Enforcement and Appeals Group Leader Alan Mason said: “Non-compliance with an Enforcement Notice is a criminal offence and the Council’s Planning Enforcement team is committed to prosecuting persons who do not comply with these notices. In this case the landowners have to pay fines and costs totalling £17,660, which shows that these matters are taken very seriously by both the Council and the Courts.”