NOV 98] STRATFORD ON AVON DISTRICT COUNCIL PRESS RELEASE
Stratford Court Successes
Two court cases
involving planning decisions in south Warwickshire have been won by Stratford District
Council. The Council has successfully prosecuted the owner of a maggot farm in Claverdon
for breaching a planning condition, and an application to seek a judicial review against
the Council granting permission for a home extension in Welford has been dismissed.
Magistrates in Leamington Spa today (Friday) found Alan
Lane, the owner of Claverdon Lodge Farm, guilty of not complying with a Notice requiring
the demolition of a barn extension, which was erected in the Green Belt in breach of
planning conditions. Mr Lane was fined the maximum of £1,000, and ordered to pay the
Council's full costs of £7,070.
And in London yesterday (Thursday) a High Court judge
dismissed an application by Sir Colin and Lady Gillian Hope, seeking a Judicial Review
into the District Council granting planning permission in July of this year, for an
extension to D'Arcy Cottage in Welford-on-Avon. Sir Colin Hope applied for a Judicial
Review on the basis that the Council had not taken sufficient account of the impact of the
proposed extension on his property, which is a listed building adjacent to D'Arcy Cottage,
when granting permission. In dismissing the appeal, the judge awarded costs against Sir
"I am very happy with these results which demonstrate
that Stratford District Council takes its planning responsibilities very seriously,"
says Cllr Andrew Cooley, Deputy Leader for the District
"We will defend the Green Belt wherever possible,
although it cannot be done when Local Plan allocations have been made in the past. The
maggot farm case has been going on for a number of years and I hope that Mr Lane now sees
sense and complies with the planning laws.
"With the High Court decision on D'Arcy Cottage, I am
pleased that the Judge has rejected this application for Judicial Review of a properly
made planning decision. The appellant is associated with a large housing developer, but
this carries no weight with planning decisions in this District."
In 1995 Mr Lane had applied to the District Council for
permission to convert an existing building at Claverdon Lodge Farm, to start maggot
production. The Council refused permission on grounds that it was inappropriate for the
Green Belt. The subsequent appeal by Mr Lane led to a public inquiry, and he was
eventually granted permission by the Secretary of State in February 1996 to produce
fishing bait at the farm in an existing building, with conditions which included that no
new buildings should be erected without the written permission of the District Council.
The Council issued a breach of condition notice when Mr Lane erected an extension to a
barn, and then issued a subsequent court summons when the notice was ignored. Last year Mr
Lane applied for Judicial Review of the notice and summons, arguing that the Council had
exceeded its powers in taking legal action against him. The Judicial Review was dismissed
and costs awarded against Mr Lane.
Mark Lepkowski, press officer on 01789 260104 or
Brian Hughes, enforcement manager on 01789 260365