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Court Upholds Untidy Site Notice

A Poole man has lost his appeal against a Section 215 Untidy Site Notice served by Borough of Poole's Enforcement Team.

Patrick Holyhead, of 10 Witchampton Road, Broadstone, lost his appeal at Bournemouth Magistrates Court on 5 June. The council served the Notice in August 2012 following numerous complaints from neighbours about the state of his garden.

Officers investigating the complaints found that the large rear garden was overgrown and full of rusting cars, commercial vehicles as well as other debris and rubbish. Mr Holyhead contested that the amenity of his neighbours was not affected by the condition of his garden, as the neighbouring properties were bungalows which had boundary fencing.

District Judge Nicholls agreed with the council that the definition of amenity was wide and land within the curtilage of a dwelling house was incidental to the occupiers enjoyment of a dwelling house. He ruled that Mr Holyhead’s collection of abandoned vehicles in the rear garden of his dwelling were not incidental, nor was there any relationship of the vehicles to the enjoyment of the dwelling house.

Mr Holyhead was ordered to pay the council £2,000 in costs towards defending the Notice.

Andy Dearing, Team Manager Enforcement, Borough of Poole, said: “The council had tried to engage with Mr Holyhead on numerous occasions to encourage him to clear up without success. We were therefore left with no alternative than to serve a Section 215 Notice. We hope Mr Holyhead will now clear up of his own accord and within the next 28 days, otherwise the Council will do the works in default and recover all our costs by a charge on the property.”