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Press Release

3 March 2023

Prosecution success for planning permission breach

Fareham Borough Council has successfully prosecuted an organisation for failure to comply with planning permission conditions.

The case was brought against Borderland Fencing Limited and concerned its failure to comply with conditions imposed on a planning permission granted on appeal in 2021, which allowed the expansion of the company’s premises at New Road, Swanwick.

The prosecution case was submitted by Southampton, Fareham and Havant Legal Partnership for the Council and the trial hearing took place at Portsmouth Magistrates Court. The judge found the defendant guilty of four charges laid in relation to the height of materials stacked on the premises. Sentencing was passed for these charges, plus an additional six charges to which the defendant had already pleaded guilty. These related to issues such as working outside of permitted hours and failure to provide required turning space within the site.

Borderland Fencing was fined, and the Council was awarded costs with the overall amount totalling in excess of £16,000.

Chairman of the Planning Committee, Councillor Nick Walker, said: “I am delighted that this prosecution case has been successful as it acts as a deterrent to others who are tempted to breach the conditions of their planning permissions. The Council works diligently to carefully monitor compliance with planning permissions and is committed to taking legal action should it be necessary to resolve the issues arising”.

ENDS