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Magistrates fine man who ignored Cotswold District Council Planning Enforcement Officers

A man was convicted at Cheltenham Magistrates Court on Monday 12 November for failing to cooperate with Cotswold District Council planning enforcement officers despite their numerous attempts to communicate with him.

Mr Frank Faryab, a 64 year old man from Oxford Street, Malmesbury had continuously refused to answer queries from the Council officers regarding his use of Dollar Street House in Cirencester.  Neighbours had alerted the Council to concerns that Mr Faryab may have been carrying out unauthorised alterations to the Grade II listed building. It also appeared that Mr Faryab was using the premises as a residence, contravening its permitted use as an office for a financial institution.

Enforcement officers attempted to make contact with Mr Faryab to discuss the use of the building and offer advice but they received no response. Consequently, they  served a Planning Contravention Notice under Section 171 of the Town and Country Planning Act 1990.  After Mr Faryab then twice failed to complete and return the notice as required by law, the Council began legal proceedings

When Mr Faryab denied any wrongdoing at his trial, the magistrate found in favour of the Council and ordered him to pay a fine of £150 plus a £450 contribution towards the Council’s legal costs and a £15 victim surcharge.

Speaking after the trial, the Council’s Cabinet Member for Planning, Cllr Sue Jepson, said:

“The magistrates noted that the CDC officers had made every reasonable effort to communicate with Mr Faryab but he had shunned them at every turn.  It is a criminal offence when someone fails to respond to communications from the Council over a considerable period, and he clearly obstructed our officers’ attempts to investigate the claims being made about his conduct.  They will continue to look into this matter and I trust that they will now get more cooperation from Mr Faryab.”

She continued:

“In Cotswold district we have about 6,000 listed buildings and structures – many more than most other local authorities in the country.  We are very conscious of the need to preserve this fabulous heritage.  While we nearly always succeed in working amicably with property owners to achieve this aim, we have shown that we will not hesitate to take action when someone refuses to acknowledge our communications.”