A company that built and rented out six flats in Cathays has been sentenced today at Cardiff Crown Court after failing to comply with certain conditions.
Cadogan House Ltd had been given planning consent to construct six flats in Minny Street, subject to conditions which sought to protect the amenities of the building’s tenants and neighbouring residents.
The company failed to comply with some of the conditions but went on to rent out the flats anyway, in breach of the original consent.
Despite previously being prosecuted for the same offence, the company still failed to comply with the planning conditions, so a second prosecution was brought.
Cadogan House Ltd was fined £500 and ordered to pay costs of £3,370 for non-compliance with a Breach of Condition Notice.
An application for a Confiscation Order was also made to the court under the Proceeds of Crime Act 2002 on the basis that the company had benefited from letting the six flats.
The Court made a Confiscation Order in the sum of £18,820, which was the value of the rent the company had received whilst the flats were being occupied in breach of the original planning consent.
Councillor Ralph Cook, Cabinet member for Strategic Planning, Highways, Traffic and Transportation, said: “It is hoped that the case will serve as a deterrent to other developers who avoid complying with the requirements of planning control.
“There are a small number of habitual offenders within Cardiff who appear intent to breach planning requirements imposed to protect the public.
“Breaches continue despite prosecutions proceeding against them as these developers are apparently comfortable in the knowledge that the levels of fine the Court may impose are a fraction of the income they will receive.
“As a result the Council will be looking to apply for Orders again in the future to ensure that illegally gained assets are confiscated.”