Aytach Hasan fined £4k for unauthorised use of Wyke land

Aytach Hasan, 73, of Wyke Regis, was sentenced in court for failing to comply with a Planning Enforcement Notice on land intended to be used for agriculture.

Mr Hasan, who owns part of the land located on the northwest side of Pirates Lane, pleaded guilty in court to failing to comply with the notice - and permanently remove items from the land including caravans, sheds and building materials. 

In 2015 the previous owner of the land subdivided the site into around 120 plots and started selling them. Mr Hasan was one of around 45 purchasers who bought plots between November 2015 and March 2017.

The lawful use of the land, which lies within the West Dorset Heritage Coast, is agriculture, but many of the purchasers used their plots for unauthorised purposes, Dorset Council says.

Mr. Hasan was found to be using the land for leisure and recreational purposes and for storing non-agricultural items and equipment.

Materials on the land near Pirates Lane (Image: Dorset Council)

The council says it attempted to inform plot holders regarding the lawful and unlawful uses of the agricultural land but a significant amount of unauthorised development continued, including by Mr. Hasan, and the authority served Enforcement Notices on each plot owner in July 2018.

The notice required each owner to remove all unauthorised assets from their plots by February 2020.

A subsequent appeal and the COVID-19 pandemic delayed proceedings, but when officers returned to inspect the land several times between September 2020 and May 2023, no steps had been taken by Mr. Hasan, despite the council writing to him.

The council pursued prosecution and at Weymouth Magistrates Court last week Mr Hasan pleaded guilty to failing to comply with an enforcement notice, by failing to cease: 1. using the land for leisure and recreational purposes; 2. the use of the land for the storage of non-agricultural equipment.

Items on the land (Image: Dorset Council)

And by failing to permanently remove from the land… 1. all items used ancillary to leisure and recreational use, including all caravans; 2. all building materials, and equipment including tools, bricks, and stored timber; 3. all structures placed on the land in connection with the unauthorised mixed use including any sheds; 4. other specified buildings on the land, and permanently remove all materials resulting from demolition or dismantling.

These failures to comply were all contrary to section 179 (2) of the Town and Country Planning Act 1990.

Mr. Hasan was fined £300 for each of the two offences and was ordered to pay prosecution costs in the sum of £3,477, the full amount claimed. He was also ordered to pay a victim surcharge of £32. The grand total being £4,109.

Items left on the land (Image: Dorset Council)

Cllr David Walsh, Dorset Council’s Portfolio Holder for Planning, said: “This successful prosecution should come as a warning to anyone who thinks they can ignore Planning Enforcement Notices without consequence.

"We gave Mr. Hasan more than enough time and support to comply with our instructions and, while we’re pleased with the result, it shouldn’t have come to this."