Enforcement action against nightmare garden

The council received multiple complaints about untidy and overgrown vegetation at the front and side of Craig Dowler’s property in Dingle Close, Dudley.

An investigation of the site by the council’s planning enforcement team found the overgrown frontage was causing harm to the visual amenity and character of the surrounding area.

The council corresponded with Mr Dowler over a period of time, with requests for the site to be tidied, but on further visits they found the condition had deteriorated, and formal action would be needed.

On May 22 2023, the owner was served with a S215 Tidy Up Notice by the Local Planning Authority, under Section 215 of the Town and Country Planning Act 1990, legally requiring them to undertake remedial works to improve the condition within 30 days.

A further site visit confirmed the necessary works had not been completed and by failing to comply with the notice, an offence had been committed and prosecution could follow.

Despite yet another warning of impending prosecution, no improvements were made and the case was heard at Dudley Magistrates Court on October 16. Mr Dowler was found guilty, was fined £660.00 and ordered to pay a victim surcharge of £264.00 and full costs of £853.00, backed by a 28-day collection order.

Councillor Paul Bradley, cabinet member responsible for planning, said:

“We know not every home has a show garden, but in this instance the entire frontage of the house and garden was overgrown, untidy and unsightly and affecting the visual amenity and character of the surrounding area.

“We tried repeatedly to negotiate with the owner, but when this went unheard, we were forced to take enforcement action. They chose to ignore the notice which is when we were able to take enforcement action in the public interest and to maintain public confidence in the planning enforcement system.”