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13/10/2009

NI Planners Get Tough

Substantial fines have been imposed for non-compliance with enforcement notices.

At Dungannon Magistrates' Court, Simon Loughran of 75 Blackrock Road, Cookstown was fined £5,000 plus £85 costs for non compliance with an enforcement notice which required the demolition of a builders storage shed.

Mr Loughran was convicted for not complying with an Enforcement Notice which required him to remove the builders' storage shed.

He appealed the enforcement notice but the Planning Appeals Commission upheld the department's decision but gave Mr Loughran an additional six months to comply. Mr Loughran failed to comply.

The Planning Service brought the action under Article 67A(1)(a) of the Planning (NI) Order 1991 (as amended).

L.I. Developments was fined £7,000 plus £85 costs for non compliance with an enforcement notice which required the removal of a gabion wall at the foot of a housing development in Moygashel, Dungannon.

L.I. Developments, the secretary of whom is Lorna Moore of 13 Main Street Pomeroy, was convicted for not complying with an Enforcement Notice which required the removal of a gabion wall and replace it with a landscaped embankment.

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Mr Moore of SH Moore & sons, again of 13 Main Street, Pomeroy, appealed the enforcement notice but the Planning Appeals Commission upheld the department's decision, giving him an additional 10 months to comply.

No attempt, by the court date, had been made to do so.

The Planning Service brought the action under Article 67A(1)(a) of the Planning (NI) Order 1991 (as amended).

John McGee of 1 Tandragee Road, Pomeroy, was fined £1,800 plus £85 costs for non compliance of an enforcement notice which required the removal of walls and pillars and an unauthorised access to a domestic dwelling under construction at Rockdale Road, Tolvin, Cookstown.

Mr McGee was convicted for partly complying with an Enforcement Notice which required the removal of two entrance pillars, walls and an unauthorised access which leads to a domestic dwelling presently under construction.

Mr McGee had been required to remove the above, but by October 8 2009 only one pillar and wall had been demolished.

The Planning Service brought the action under Article 67A(1)(a) of the Planning (NI) Order 1991 (as amended).

Adrian O'Loane and Kathleen O'Loane of 1A Drumvale Park, Cookstown, were fined a total of £1,500 plus £85 costs for non compliance with an enforcement notice which required the removal of two buildings, a large shed and stable, at lands south west of 24 Tullagh Road, Cookstown.

The Magistrate fined Mr O'Loane £1,450 and Mrs O'Loane £50, reflecting who was most culpable for the offence.

The couple were convicted for not having complied with the enforcement notice within the allotted time period.

Although the shed and stables had been removed by the time of court today, this was outside the time frame indicated on the enforcement notice of 60 days from the date of the said notice.

The Planning Service brought the action under Article 67A(1)(a) of the Planning (NI) Order 1991 (as amended).

(BMcC/KMcA)

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