B&B owner fined in wrangle over balcony (From Basingstoke Gazette)

B&B owner fined in wrangle over balcony

12:00am Tuesday 18th September 2012 in Andover

THE owner of a B&B situated a short distance from the Andover to Salisbury main road was told by Winchester Crown Court that she was wrong not to remove a balcony following a planning enforcement notice.

Mrs Fazia Carter, of Shiralee, Tytherley Road, Winterslow, built the balcony on a flat roof at the rear of her business in 2009. Neighbours objected to overlooking and noise from customers of the B&B using the balcony.

A series of planning applications were made to retain the balcony over many months, but these were all refused by Wiltshire Council, the latest application being dismissed at appeal by a planning inspector.

When the council issued an enforcement notice, Mrs Carter still refused to remove the balcony, resulting in the council taking her to court.

In convicting Mrs Carter, the judge accepted the balcony had been removed shortly before her court appearance, fining her £100 with £100 costs.

He also took into account the small scale of her business, but regarded the matter as serious enough to warrant punishment.

Cllr Toby Sturgis, Cabinet member with responsibility for planning, said: “Securing removal of the balcony has greatly improved the quality of life of neighbouring residential properties.

“This case also proves that the council regards a breach of planning control as a serious matter and we will take action through the courts where necessary against people who are determined not to comply with an enforcement notice.”