Council succeeds in prosecution

Council succeeds in prosecuting owner for unlawful alterations to property in Belper

Amber Valley Borough Council has recently secured a successful prosecution in the Magistrates Court against the owner of the Elaichi Restaurant in Bridge Street, Belper.

The Council served an enforcement notice against the owner following the installation of UPVC windows in the property, contrary to the Council’s policies and guidance in relation to Listed Buildings and in Belper & Milford Conservation Area.

Following extensive attempts to resolve the matter by agreement with the owner, the Council pursued a prosecution against non-compliance with the enforcement notice and the Judge appointed to hear the case imposed a fine of £1,621.25 on the owner.

The Council is now continuing to seek agreement with the owners of the property to secure the removal of the unlawful windows, but should this not be successful, the Council will proceed with direct action to secure compliance.

Councillor Alan Cox, Leader of the Council, said:-

“This is the second time that the Council has had to pursue a prosecution against the owner of this property. It demonstrates that the Council is willing and able to take action against those owners of properties who refuse to follow the Council’s policies designed to protect and enhance Belper’s heritage. However, I would urge all owners to discuss any proposals they may have to alter their properties, with the Council’s planning officers, before proceeding. Our officers can then provide appropriate advice as to what is and isn’t appropriate, thus avoiding the need to then have to take enforcement action to address any breaches of planning control.”

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