South Gloucestershire Council

Published: 13/10/2014

South Gloucestershire Council’s planning enforcement team prosecuted an Oldbury Naite business owner for flouting a Breach of Condition Notice at Yate Magistrates’ Court on Thursday 9 October.

Samuel Phelps of Oldbury Naite appeared before the magistrate for breaching planning conditions relating to the XP Recycling Site, situated next to Church Road and the A403 at Pilning. Phelps had continually ignored a condition attached to planning permission granted for the site in 2010, which stated that ‘no forestry or timber products shall be stacked or deposited to a height exceeding three metres above ground level at any time’.

Having originally pleaded not guilty to the alleged offence, Phelps overturned this plea to guilty in court. This was Phelps’ second conviction for the offence and he was ordered to pay a £700 fine, £70 victim surcharge and £1,250 to the council in legal costs.

The planning enforcement team first received complaints that the height of the timber products on site exceeded the permitted height from local residents in April 2012. A Breach of Condition Notice was then issued on 26 June 2012, which required Phelps to permanently reduce the height of the forestry/timber products to three metres in height by 24 July 2012.

Phelps failed to comply with the notice, and was first convicted for the breach on 25 February 2013, when he was fined £485, and ordered to pay a £15 victim surcharge and £500 in legal costs.

Despite a number of site visits and correspondence the breach continued and we continued to receive complaints.