Court action over unauthorised residential use of outbuilding

Court action over unauthorised residential use of outbuilding

A resident who failed to comply with a planning Enforcement Notice has pleaded guilty in court.

The council originally investigated the use of an outbuilding at a property in Woodland Avenue after concerns were raised in 2019. A site inspection found that the outbuilding contained a kitchen and shower room, facilities ordinarily associated with residential accommodation.

An Enforcement Notice was issued by the council in June 2021. This required the residential use of the outbuilding to stop, the kitchen and bathroom to be removed, the internal walls incorporating those facilities to be removed, and all resulting materials and debris to be cleared from the land.

An appeal was subsequently made to the Planning Inspectorate. In December 2021, the Inspectorate corrected and upheld the Enforcement Notice, which took effect on 6 December 2021 and required compliance by 6 April 2022.

A council inspection shortly after the compliance date found that the internal walls incorporating the kitchen and shower room remained in place, meaning the requirements of the Enforcement Notice had not been fully complied with.

Further investigations were undertaken in 2025. Council officers found that the kitchen and shower room remained within the outbuilding and observed evidence indicating that the accommodation was being used residentially.

The matter was then referred for prosecution.

Satnam Singh pleaded guilty at Slough Magistrates’ Court on 4 September to an offence under section 179(2) of the Town and Country Planning Act 1990, relating to the failure to comply with the requirements of a planning Enforcement Notice.

The court imposed a £560 fine, £224 victim surcharge, and £780 towards costs, totalling £1,564. This must be paid by 2 October.

Councillor Wal Chahal, leader of the council and lead member for strategic planning, said: “Planning enforcement notices are formal legal notices and, once upheld, their requirements must be complied with within the specified timescale.

“This case demonstrates that where breaches remain unresolved and an enforcement notice is not complied with, the council will consider prosecution where appropriate.

“Sometimes the penalties imposed by the courts are not as high as we would want, but we will continue to take proportionate enforcement action to protect the planning environment and ensure that planning controls are respected.”

The council will continue to monitor compliance in this case and will take further action where necessary.