Unauthorised wooden decking results in fine

Derek and Diane Kerr of 28 Kilmacrannell, Castle Balfour Demesne, Lisnaskea were sentenced at Enniskillen Magistrates Court, on Wednesday 19 September 2018, after having entered a guilty plea for failing to comply with the Notice.

The charge was brought against Derek and Diane Kerr by Fermanagh and Omagh District Council under the Planning Act (NI) 2011. The charge related to findings following an investigation by Planning Officers in relation to the unauthorised erection of an area of wooden decking at their property without the necessary grant of planning permission.

The Council had issued an Enforcement Notice requiring Derek and Diane Kerr to remove the wooden decking.  This Notice was appealed by Derek Kerr to the Planning Appeals Commission (PAC).  The PAC dismissed the appeal, finding that the decking had a negative impact on the privacy and residential amenity of the neighbouring properties and that the suggested mitigating planting would not be a viable permanent solution to address this impact.

Having pleaded guilty, Derek and Diane Kerr were convicted for failing to comply with the Notice and were fined and also made to pay an Offenders Levy, Court Fees and Legal Costs.

Commenting on the prosecution, a spokesperson for Fermanagh and Omagh District Council, said:

"Fermanagh and Omagh District Council attaches great importance to the protection and enhancement of the natural and built environments of the District through the planning process. Compliance with and respect for that process are both essential and expected, and the Council will not condone wilful breaches of planning control.

"Complaints are investigated thoroughly and where necessary formal action is taken through the issuing of an Enforcement Notice to secure remedial action and removal of unauthorised works.  Where a Notice is not complied with, then the Council may also prosecute for offences, as has been the case in this instance."