The owner of a £4million Chelsea townhouse has been ordered to tidy up his overgrown garden after he had previously been prosecuted over Japanese Knotweed.

Neighbours complained to Kensington and Chelsea Council about the state of the property and it has issued a so-called Section 215 order.

This legal power enables local planning authorities to compel owners to tidy up land or buildings that adversely affect local amenity.

Repeat orders

It is not the first time that the state of the property has been investigated or served with such an order.

Almost a decade ago, such a notice was served, which included orders to treat the Japanese knotweed at the property and clear the “overgrown vegetation and rubbish”.

The presence of Japanese Knotweed can make a property and its neighbouring houses ‘unsellable’.

Lenders may refuse to lend on properties with, or near Japanese Knotweed, without there being a treatment plan to manage the risk of potential damage to the property.

Neighbours’ complaints

A total of 46 neighbours signed a petition urging the council to take action.

Now, Kensington and Chelsea council has handed the owner, Nicholas Halbritter, a Section 215 order, in a move to force him to confront long-running issues at the property.

We are proceeding with a Section 215 notice and will progress it in line with the legislation and relevant guidance.”

Section 215 order

Mr Halbritter was previously investigated in 2016 by neighbouring borough Hammersmith and Fulham, under an agreement between three councils to share resources.

A Section 215 notice was issued, and the owner was prosecuted the following year for failing to comply.

Council officers say the garden was cleared by November 2017, so the notice was considered ‘complied with’.

However, following the recent complaints from neighbours, a Kensington and Chelsea council spokesperson told The Neg this week: ‘Following the decision of the Planning Applications Committee, we are proceeding with a Section 215 notice and will progress it in line with the legislation and relevant guidance.

‘The 2016 notice – which was investigated by a Hammersmith & Fulham officer under a bi-borough working arrangement at the time – was considered complied with and the enforcement case was closed.’