Tuesday 28th September 2021
This is an appeal against an order made by HHJ Jarman QC dated 25/6/21 when a six week committal order was made against him suspended for 12 months.
He was ordered to remove construction works within 18 weeks of 25/6/21.
The committal application was brought by the planning authority against Defendant 1, his 3 adult children and a company under the control of his children.
The judge dismissed the claim against the four other Defendants but upheld 2 of 5 claims against Defendant 1.
In respect of the second of the two contempts found, the judge imposed a sentence of 6 weeks suspended for 12 months on condition that D1 carry out certain works within 18 weeks. The judge imposed no penalty on the first contempt.
The D1 concluded that the general permitted development order permitted him to construct in his garden a large sports building and small cinema. Some of this was constructed underground.
The costs of demolition will be 750,000 pounds. D1 says he cannot afford this.