A landowner has been given a suspended prison sentence after putting caravans on green belt land without permission, as a businessman was found guilty of ten counts of contempt of court after Cheshire East Council took legal action, reports the Manchester Evening News.
… interim payment of £25,000…
… planning laws and court orders cannot simply be trampled on and ignored…
Manchester Evening News writes:
Yesterday (4 May), Maloney was sentenced to eight months’ jail, for each offence to run concurrently, suspended for two years.
Maloney, 36, of Broadoak Lane, Mobberley, was also ordered to pay Cheshire East Council’s legal costs and to make an interim payment of £25,000 by 1 June 2021.
The court case followed an interim injunction, obtained last August, preventing the siting of further caravans on the field off Broadoak Lane. The order also prevented the construction of a hardstanding, the importing of materials and erection of buildings and other structures without planning permission.
Despite the court order, more caravans were brought on to the site…
Following a three-day trial in February, the High Court granted a final injunction, restraining further development on site and limiting the number of caravans to eight, pending the outcome of a planning appeal.
Ten allegations of contempt of court, made against Michael Maloney were proven, following his breaches of interim injunctions. Admissions of contempt were made along with apologies to the court by contractors W Doherty and Sons, Paul Rennie and Adrian Draper, Total Plant Hire and its managing director Thomas Halligan…
The court heard that Maloney was currently detained in HM Prison Altcourse, Liverpool, for unrelated matters and did not attend the hearing in person but via video link…
David Malcolm, Cheshire East Council’s head of planning, said “This sentencing sends out a message that planning laws and court orders cannot simply be trampled on and ignored. The defendant faces imprisonment if he breaches the court order or commits further offences.
“I am very pleased with the successful outcome of the trial and the decisive way the judge reached his verdict on both the contempt of court and his conclusion to grant the final injunction.
“Council officers responded quickly to local residents’ concerns in August, in securing the injunction. Since then officers have worked tirelessly….”
