Wollaton Man Fined for Overgrown Garden

A Wollaton man was handed a £100 fine after being found guilty of an offence under the Town and County Planning Act 1990 at Nottingham Magistrates Court. He was also ordered to pay prosecution costs of £505 and a £30 victim surcharge.

Dr Upal Dharmasena, 52, of 1 Crowborough Avenue, Wollaton was found guilty for failing to comply with a notice requiring works to be carried out to the property which was adversely affecting the area. 

Following complaints from members of the public, Council Officers visited the property and found the front garden and area of land to the side to be in an untidy and overgrown condition, obscuring street signage. 

Mr Dharmasena was repeatedly requested to make improvements to the garden areas but failed to do so. As a result, a notice was service in March 2015 requiring him to ‘cut back and remove the overgrown vegetation in the gardens and the section of land to the side of the property’ by 5 June 2015.

Dr Dharmasena told Council Officers that he no longer lived in the property and had moved to India and requested an extension to allow him to carry out the work. After numerous compliance visits, the notice had still not been complied with. 

In March 2016, Dr Dharmasena contacted the Council and stated that he could not cut the hedges because there was a mallard nesting in them. It is an offence to startle or disturb nesting ducks and so an extension was granted to allow for the gestation period of the mallard eggs and for the ducks to leave the nest. 

By the end of May 2016, the eggs had hatched and the birds had left the nest but despite this and numerous reminders, Dr Dharmasena still failed to cut back the overgrown vegetation in compliance with the Planning Notice, the Council felt that there was no option but to take legal proceedings to ensure compliance.

If Dr Dharmasena does not do everything in his power to secure compliance with the Notice he may be convicted of a further offence and be fined for each day of non-compliance since the last conviction.

For more information, please contact Broxtowe Borough Council on 0115 917 3277 or email legal@broxtowe.gov.uk

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