Magistrate, 65, in the dock over illegal property extensions is told he must pay £93,000 of fines or face jail

• Ian Kendall, 65, usually presides over criminal cases at Poole Magistrates’ Court
• He could face 15 months in prison for building two extensions in the New Forest despite being refused planning permission

A magistrate has been told he must pay £93,000 in fines and costs after he raked in thousands of pounds in rent by illegally extending two properties, or face 15 months in jail.

Ian Kendall, 65, usually presides over criminal cases at Poole Magistrates’ Court, but has found himself in the dock instead after he built the extensions onto two properties he owns in the New Forest despite being refused planning permission. 

One of the developments included the addition of a bedroom, en suite bathroom, a kitchen and a second front door to effectively make it a new address.

After sub-dividing the house into two Mr Kendall then made thousands of pounds by renting them out for several years.

Pictured: A photoshopped picture to highlight in blue the extension built at one property on Bockhampton

Pictured: A photoshopped picture to highlight in red the extension built at the property in Bockhampton.

Pictured: The two extensions built on the property, indicated by their corresponding colour arrow

A court heard that in 2016 his application to extend one of the properties that sit side-by-side in the village of Bockhampton, near Christchurch, was refused.

In 2018, council planning enforcement officers found he had built a large extension and he submitted a retrospective planning application in a bid to keep it.

When that was refused in November 2020 he was given six months to demolish it.

He also extended the larger house next door without planning permission.

Another enforcement notice was served on him in December 2020 to demolish the extension in six months.

Pictured: The Cottage. To the left of the image is the extension built onto the property which Ian Kendall, 65, then rented out for thousands of pounds

Pictured: The properties in Bockhampton. Mr Kendall was ordered to demolish the extensions but failed to do so twice

Mr Kendall unsuccessfully appealed against the enforcement notices in August 2021 and he was given a further six months to comply with the demolition order.

Having failed to do so by February 2022, BCP Council decided to prosecute him on two counts of failing to comply with planning enforcement notices.

They also submitted a ‘proceeds of crime’ application to recover the money Mr Kendall obtained by illegally renting out the property.

This was said to have amounted to £69,202.

Mr Kendall, who was of previous good character, pleaded guilty to both counts.

Unusually, he took to the witness box at the sentencing hearing to explain his situation to a judge at Southampton Crown Court.

He said he planned to comply with the orders but, due to tenancy agreements, he was unable to evict those living in the property and carry out the work.

He had been hindered by the Covid pandemic, and BCP Council had taken 12 months to grant permission to site a temporary mobile home at the property for the tenants to move into while alterations were carried out, he added.

Pictured: The road in Bockhampton. The court heard that through illegally renting out the properties Mr Kendall had earned £69,202

Pictured: The property in Bockhampton. Mr Kendall said he planned to comply with the orders but, due to tenancy agreements, he was unable to evict those living in the property and carry out the work

He said: ‘I couldn’t avoid it – as soon as I was in a position to knock it down, I did.’

Chris Gaiger, representing Mr Kendall, disputed the amount of money his client was said to have pocketed.

He told the court: ‘It is conceded that the property was split into two, and two separate rents were obtained.

‘We accept by dividing it by two, more rent was received than if it was just one property – but it was not to the tune of £69,000.’

He urged judge Peter Henry to take into account the fact the income was split between Kendall and his wife, and asked for him to come up with a figure which was reflective of an additional property, rather than the total amount received for both rentals.

Pictured: The property from Burley Road. The judge ordered that Mr Kendall pay proceeds of crime totalling £77,133, as well as an £8,000 fine and £7,877 in court charges

But the judge said the case was not ‘an accounting exercise’ and he was not prepared to deduct from the gross income any legitimately made income from one of the dwellings.

Ordering he pay proceeds of crime totalling £77,133, as well as an £8,000 fine and £7,877 in court charges, judge Henry said: ‘These offences were committed in order to obtain a financial advantage and, as Mr Kendall himself candidly said, there was a benefit to creating two properties.

‘He 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 [to remedy the work].

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

He was warned he could face 15 months in prison if he did not pay in time.

Source: Read Full Article