Man used green belt land in Corfe Mullen for motocross activities

Chi Leung Yau, 63, of Station Road, West Moors, pleaded guilty to failing to comply with a planning enforcement notice and was sentenced at Poole Magistrates’ Court on Wednesday, February 9.

He admitted not addressing violations on land next to Henbury Manor Farm, Corfe Mullen.

The Council was made aware that the land was being used for unauthorised motocross activities, and a Porta Cabin had been installed at the site.

This was determined to be unlawful, as the land is designated for agricultural use.

Yau told council officers the Porta Cabin would be temporary and agreed it could remain if it was only in place for 14 days a year.

However, on subsequent visits officers discovered the cabin hadn’t been removed and was in fact being used for storage.

In addition to the unauthorised cabin, two cars, two diggers and a flat-bed truck, all apparently abandoned and in a state of disrepair were found on the land, which is also unlawful.

Yau was informed of the violations of the land use, told to remove all the offending items and given a sufficient grace period to complete the work.

When this did not happen, the defendant applied for planning permission for the cabin, stating he wished to keep it to support the rearing of ducks and chickens and the grazing of sheep on the land.

Yau was unable to provide any evidence to the Council that he operated any type of agricultural trade or business. He did not qualify for agricultural permitted development rights and, for the same reason, his application to erect agricultural buildings was refused.

The cabin was deemed unnecessary. When officers returned to the site, they discovered it still in situ with abandoned vehicles and machinery.

A planning enforcement notice was served, which was ignored by the defendant.

Yau was fined £1,038 by Magistrates, ordered to pay a victim surcharge of £104 and costs of £2,138.

Councillor David Walsh, Dorset Council portfolio holder for planning, said: “Enforcement Notices are only ever issued as a last resort when all other methods to resolve a breach of planning control have failed.

“This prosecution only took place because, despite repeated warnings, Mr Yau failed to take any steps to comply with the notice.

“He was also warned by the court that if he continues to fail to comply, he will be subject to further prosecution.

“Those who choose to flout the rules will be pursued and prosecuted whenever necessary.”