Resident taken to court after building ‘incongruous’ garage without permission - Warrington Guardian

A Broseley Lane garage has ended up costing Stewart Chivers more than £2,500 after Warrington Borough Council took the planning breach to court.

A Culcheth resident has been fined after building a detached garage without planning permission, proving once again that in planning matters, it is rarely wise to take the “ask forgiveness later” route unless you enjoy expensive paperwork and a day out at Warrington Magistrates’ Court.

Stewart Chivers, 59, of Broseley Lane, appeared before Warrington Magistrates’ Court after admitting he breached an enforcement notice issued by Warrington Borough Council. The issue centred on a detached garage built at the front of his property, which the council said had not been authorised and needed to be removed.

To be fair, Chivers did try the retrospective planning application route after the matter was reported. That application was refused by the council, and he then appealed. But an inspector appointed by the Secretary of State agreed with Warrington Borough Council, finding that the garage caused harm to the green belt and to the character and appearance of Broseley Lane and the surrounding area.

In plain Culcheth terms, the powers that be decided the garage stuck out like a sore thumb in a place where people do tend to notice these things. Broseley Lane is not exactly crying out for awkward street scene experiments, and “incongruous” is planning-speak for “that looks wrong and everyone can see it”.

Despite the appeal being dismissed, Chivers did not remove the garage after repeated requests from the council. That is where the situation shifted from a planning disagreement into a court matter, which feels like the administrative equivalent of ignoring the smoke alarm because the toast might sort itself out.

At court, Chivers apologised to both the council and the court for wasting time. Warrington Borough Council said he was given credit for an early guilty plea. The garage has now been removed, meaning the enforcement notice has finally been complied with.

Magistrates ordered Chivers to pay a total of £2,591.76. That includes a £1,346 fine, a £538 victim surcharge, and £707.76 in court costs. Not exactly a bargain extension to the driveway experience.

Cllr John Kerr-Brown, Warrington Borough Council’s cabinet member for environment and public protection, said the council always tries to resolve harmful development through discussion and negotiation first. He added that prosecution is a last resort, but one the council will use when needed to protect the environment for Warrington residents.

He said the garage had been built in front of the house in a prominent position, creating “an incongruous addition with an awkward relationship with the street scene”. That is a wonderfully polished way of saying it looked out of place and had no business being there.

There is a positive side here. The system did eventually work, the garage has gone, and the green belt and street scene on Broseley Lane have been protected. But the criticism is obvious too: this dragged on far longer than it needed to, cost public time and money, and ended with a bill that could have been avoided if the rules had been followed in the first place.

Culcheth has enough planning rows without residents trying to freestyle their way through green belt development. If a building needs permission, it needs permission. Romantic notions of “it’ll probably be fine” have a nasty habit of turning into fines, surcharges, court costs, and a garage-shaped gap where confidence used to be.

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