Planning Portal

Angela Smith Comes Down Tough On Developer At The Diamond, Portstewart

Published on Mon, 15 Sep 2003
Parliamentary Under-Secretary of State Angela Smith, MP, today announced that the DOE’s Planning Service had served an Enforcement Notice and a Stop Notice on NM Developments in relation to an unauthorised development at 9 and 11 the Diamond, Portstewart.
This development is taking place on the site where two listed buildings were demolished without consent just a few weeks ago.
Angela Smith said: "Earlier this year I introduced tough new legislation to deal with developers who transgress planning laws. The developer in this case has not only demolished two listed buildings without consent, but also proceeded to construct new buildings on the site without permission.
"This is a flagrant breach of planning laws and I will not tolerate it. Planning Service are taking enforcement action against the developer for demolishing the listed buildings. They have also issued a Stop Notice against him. The Stop Notice requires him to stop all further construction work. If the developer ignores the Stop Notice, I have instructed Planning Service to seek an injunction in the High Court immediately. The Enforcement Notice requires the developer to remove the new structures he has put in place, plus all building materials and rubble.
"This action by Planning Service clearly signals our intent to act quickly and firmly in response to developers who break the law. My advice to other developers is to think and think again about flouting planning laws. After all, under the new legislation, where developers are convicted in the Crown Court for demolishing a listed building, they face the possibility of heavy fines and up to two years in prison."

Notes to Editors

  1. Nos 9 & 11 The Diamond Portstewart were Listed Buildings located approximately in the centre of a listed terrace.
  2. On 13 August, the developer demolished both of the buildings. The developer subsequently started to lay foundations for a replacement building, without having applied for planning permission.
  3. A warning letter was issued on 18 August advising the developer to cease work on the site.
  4. Work continued on the site, and on Monday 8 September Planning Service served an Enforcement Notice and Stop Notice on the developer.
  5. The Stop Notice, requiring all works to cease, takes effect on 13 September 2003.
  6. The Enforcement Notice requires the removal of the unauthorised development.
  7. Planning Service has also commenced prosecution proceedings against the developer for the demolition of the listed buildings, with a view to bringing the case before the Crown Court.
  8. For further information please contact Philip Maguire DOE Information Office Tel 028 9054 0013 mobile 07713 652815 e mail philip.j.maguire@doeni.gov.uk
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