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Illegal extensions must go ‘immediately’ as appeal fails

Mohammed Ilyas, far left, with members of his family

Mohammed Ilyas, far left, with members of his family

Illegal extensions built on a home without planning permission will be demolished after a man had his appeal rejected.

The Court of Appeal dismissed Mohammed Ilyas’ application and he is now required to carry out the work immediately.

Mr Ilyas, of Aylesbury Road, Aston Clinton, was given a three-month prison sentence last year after being found guilty of contempt of court for ignoring a High Court injunction requiring the demolition to be carried out by March 2011. He could face another prison term if he now fails to act.

The extensions have been the subject of a lengthy legal battle between Mr Ilyas and Aylesbury Vale District Council (AVDC).

Councillor Sue Polhill, cabinet member for planned development, said: “We have fought for a long time on behalf of local residents to remove the continued unwelcome presence of this unlawful scheme from the landscape.

“They should never have had to endure the nightmare of having this visually intrusive and overbearing development in their neighbourhood for all these years. I very much hope this will be the beginning of the end for the extensions.”

Planning permission was granted for the extensions in 2003, but a year later council officers spotted they were larger and appeared different to plans. Permission was given for an amended scheme, but Mr Ilyas did not stick to this.

Mr Ilyas was served with an enforcement notice in January 2008, which led to him being brought before magistrates in October 2009 and fined £5,000.

AVDC then secured the High Court injunction, which eventually led to Mr Ilyas being given a three-month prison sentence, to be suspended if demolition took place by May 18, 2011.

An appeal against this decision was dismissed but Mr Ilyas failed to comply with the injunction and was imprisoned.


 
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Monday 20 May 2013

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