London Borough of Barnet

Builder jailed for using front yard as ‘dumping ground’

Published Monday 24 September 2012

A builder who illegally used his drive as a builder’s yard despite repeated warnings not to has been jailed for two months.

Patrick Oliver Cusack, of Pentland Close, Golders Green, used the front of his house as a builder’s yard, dumping waste and debris from his jobs into a skip on his front drive.

Once the skip was full it would be removed and replaced by another.

After complaints from neighbours about the noise and nuisance this illegal builder’s yard created, Barnet Council’s planning department served a planning enforcement notice on Mr Cusack in December 2008 stating it was inappropriate for him to use his drive for storing building material, debris and rubbish.

The notice asked for him to permanently remove the skip along with the items stored in them.

After failing to comply with the notice Mr Cusack was summonsed to appear in court. He was fined £2,500 with costs of £2,515 awarded to the council. 

Over the following two years Mr Cusack was repeatedly summonsed to Crown Court and the High Court for the offence of failing to comply with a planning enforcement notice.

A High Court injunction was granted preventing him from continuing to operate his ‘builder’s yard’, however this was immediately breached.

In October 2011 Mr Cusack was given a two month suspended sentence for two years with costs of £2,800 by the High Court.

When this failed to deter Mr Cusack he was referred back to the High Court on 17 September 2012 at which point he was jailed for two months with costs of £5,444.

Councillor Joanna Tambourides, Cabinet Member for Planning, said: “This is a case where a builder blatantly disregarded the planning authority and the courts and continued to store waste illegally on his front drive.

 “For years he continued to create this terrible mess without sparing a thought to his neighbours, and I am pleased he has finally been punished. We will continue to take legal action against people who break planning regulations in this way.

“Hopefully this will serve as a warning that planning regulations are there for a reason and if you break them you may be fined or, as in Mr Cusack’s case, jailed.”

Contact Press Officer: Sue Cocker

Press Office