Court orders magistrate to repay £77,000 over illegal extensions

A crown court judge has warned Ian Kendall he could be jailed if he fails to comply with the order, which follows a protracted planning batte.

criminal justice

A magistrate has been warned he could face 15 months in jail if he doesn’t repay £77,000 in rent deemed ‘proceeds of crime’ after he built illegal home extensions.

Ian Kendall, aged 65, who acts as a magistrate in criminal cases, was also fined £8,000 after he extended two properties despite being refused planning approval.

At one property in Bockhampton near Christchurch in Dorset, a bedroom, en-suite bathroom and kitchen, as well as a second front door to create a second address, were all added.

He also extended a larger house next door without planning permission, the New Milton Advertiser reports.

Bungalow - illegal extensions story
Property before illegal extension

Kendall unsuccessfully appealed against enforcement notices in August 2021 and was given a further six months to comply. Bournemouth, Christchurch and Poole council decided to prosecute him in February last year on two charges of failing to comply with planning enforcement notices.

He pleaded guilty to both charges, and told the court he had planned to comply with the orders but was unable to evict his tenants and carry out the work. He said the Covid pandemic had also hindered his attempts to evict the tenants.

Knock it down

The council took 12 months to grant permission for a mobile home for the tenants to move into while alterations were carried out, he told Southampton crown court. “As soon as I was in a position to knock it down, I did,” Kendall said.

He did not take the extension down when requested.”

Judge Peter Henry said: “He [Kendall] did not take the extension down when requested, which he tells me was due to a combination of problems. I accept to some extent there may have been difficulties, but nonetheless he was late.”

Bungalow - illegal extension story
Property after illegal extension

He gave Kendall three months to pay the proceeds of crime money, and 12 months to pay the fine and court costs.

Picture credit: Google Streetview

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