A brother and sister have been ordered to pay hundreds
of pounds for failing to comply with a notice to clear untidy
land at an address in Weston-super-Mare.
In a prosecution brought by us, magistrates heard that this case
was a long-standing matter dating back to 2009. During
October that year we received complaints about the poor state
of buildings and land at 2 Rosedale Avenue in Weston.
A senior enforcement officer visited and found that the
property was in a poor state of repair and the land was overgrown.
There were broken panes of glass in some of the front windows and
the paintwork on windows and door frames was flaking off. The
back garden was very overgrown to the height of up to six feet in
places.
As the local planning authority we can serve a notice on the
owner and occupier of land requiring them to take steps to 'remedy
the condition' of that land and having visited the property the
officer was of the view that the condition of the property was
having an 'adverse impact on the amenity of the area'.
Between December 2009 and January 2011, we tried to get the
occupier, Jonathan Colwill’s, co-operation in carrying out repairs
and clearing the land. During this time, Mr Colwill carried
out some work to the property but more was required. It was
explained to him that if he did not clear the land we would have to
consider further action.
Mr Colwill told the council that the property was owned by him
and his sister, Joan Colwill.
A further site visit was carried out at the beginning of March
this year. The paintwork around the window and door frames at the
front was perished and flaking and the vertical tiles hanging on
the window bay were in a poor condition. The garden was overgrown
and unkempt with rubbish scattered about.
In April notices were served on both Colwills requiring that by
the beginning of July they tidy up the front of the building,
remove all the rubbish in the garden (including waste metal such as
oil drums and greenhouse frames; waste plastic; broken glass; and
dead trees and plants), remove two derelict sheds and prune or
cutback all overgrown trees, shrubs and vegetation.
On July 7, the officer paid a visit to the address and found
that the notice had not been complied with and photographs were
taken.
On the same day he received a telephone call from Joan Colwill.
He made it clear to her that she was in breach of the notice but
agreed to hold any criminal proceedings in abeyance until July 25
to provide her and her brother with additional time to carry out
the works required by the notice.
On July 28, the officer visited the property again.
He noted that the flaking paintwork had been removed but no
repainting had been done, the tiles had not been cleaned and
although works had been carried out to remove some of the
vegetation in the property, there were still areas where it was
overgrown and waste items were still there. The two sheds had
not been removed.
The Colwills attended North Somerset Magistrates Court on 16
November and pleaded guilty in part. This plea was accepted
by the council. After hearing their mitigation the court sentenced
them to a total of £875 in fines and costs.
Cllr Peter Bryant, executive member whose portfolio includes
environmental issues said that enforcement action had been
necessary as persuasion had not had the desired effect.
"The property in question was, frankly, an eyesore. While we can
sympathise to a small degree with the circumstances of the owners,
they seem to have been oblivious to the effects that the poor
condition of the property was having on neighbours and other people
in the area."
