Published: Friday 13th May 2016 | 4.09pm
Cannock Chase Council has successfully prosecuted residents who failed to remove an eyesore fence from their property.
Mr and Mrs Milakovic of Reservoir Road, Hednesford were found guilty of offences under Section 215 and 216 of the Town and County Planning Act 1990 at Cannock Magistrates Court on Tuesday 10th May.
A notice was served by the Council in October 2015, asking the defendants to remove the unsightly fence from the boundary of their property.
The fence was of non-standard construction, having been made from wooden panels fixed to the trunks of trees that had previously formed a hedge.
Complaints were received from neighbouring residents and people driving up Littleworth Hill regarding the poor appearance of the fence and the Council considered the fence was harmful to the street scene and detrimental to the amenity of neighbouring residents. The defendants were required to remove the fence by the 7th December but had failed to do so.
Councillor Gordon Alcott, Portfolio Leader for Economic Development and Planning said “The Council had served them with a notice requiring the fence to be removed but they had failed to comply and remove the fence.
Mr Milakovic considered that he had the legal right to erect a two metre fence without having to obtain planning permission, and that the Council did not have the power to ask him to remove the fence.
However, following numerous complaints the Council exerted their rights under the Town and Country Planning Act to require the development to be removed when its condition adversely affects the amenity of the area. “
The Magistrates found that Mr and Mrs Milakovic were guilty, since they had not removed the fence. Mr and Mrs Milakovic were each fined £60 and ordered to each pay a £20 surcharge. They were also ordered to pay costs to the Council in the sum of £285 each.