The directors of two businesses have each been ordered to pay tens of thousands of pounds by the courts after breaching planning regulations at a property on Stockport Road, south Manchester.
On December 11, Ahmed Chohan (55) and Muhammed Anzir (29), both of Mullion Close in Stockport, were sentenced following guilty pleas to offences committed under the Town and Country Planning Act.
Two companies that the men were under control of were also sentenced at the hearing at Manchester Crown Court.
As sole director of Chohan Properties Mcr Ltd, Mr Anzir was the effective freehold owner of 1 Eltham Street in Levenshulme. The property was being illegally used as a workshop and storage area in connection with the nearby Car Sound Studio at 848 Stockport Road – and in breach of a planning enforcement notice.
Consequently, Mr Anzir was ordered to pay a fine of £6,000 and has had £127,876.44 criminal benefit confiscated.
Mr Chohan, the director of Car Sound Studio and Security Ltd and was operating illegally from 1 Eltham Street in Levenshulme and was ordered to pay a fine of £20,000.
He was also found to have benefited from the criminal activity to the tune of £745,673.70, but he was ordered to pay £30,000 by the courts as the amount available to him at the point of prosecution.
Both men, along with their respective businesses, were also told to pay costs of £500 each, plus an extra £50 fine against the companies – £2,100 in total – and a total £4,000 victims of crime surcharge.
In all, Mr Chohan and Mr Anzir have been told to pay £189,976.44 by the court.
Both men are each required to pay within three months or face imprisonment – 19 Months in the case of Mr Anzir and six months for Mr Chohan.
In June 2018, the council’s enforcement officers became aware that 1 Eltham Street was being used as a car repairs and audio fitting garage, associated with Manchester Car Sound Studio at 848 Stockport Road, but without having the necessary planning permissions in place.
Officers also noted that physical changes had taken place at the property to facilitate the unauthorised use, such as the installation of roller shutters to the rear and a car park at the front. This also generated complaints from the local community.
An enforcement notice was issued in November 2019, which ordered the unauthorised use to stop and to remove all works that did not have planning permission.
Mr Anzir lodged an appeal against the enforcement notice, but a planning inspector dismissed the appeal and also awarded costs against him.
In spite of numerous attempts by the council to secure compliance with the notice, including informal agreements with Mr Anzir and Mr Chohan to allow more time to comply, the men continued the unauthorised use of the premises. The physical works required by the notice have still not been fully complied with.
Working with financial investigators from Salford City Council, the Proceeds of Crime Act 2002 (POCA) was also used, allowing the courts to issue confiscation orders for money generated by illegal activities. The judge noted that the men had flagrantly breached the notice and benefitted financially from their illegal activity.
Councillor Gavin White, executive member for housing and development, said: “Breaching and failing to comply with a planning notice is not a victimless crime. Planning rules are in place to make sure that properties are fit for use, that they are safe, and they do not impact on the lives of other residents and neighbours.
“We had attempted to work constructively with the directors of these businesses to resolve the planning breaches – even giving them more time to put right the unauthorised building works.
“I hope this acts as a warning to other businesses operating outside of the law that we are actively investigating and when we find breaches, we will use the full extent of the law to prosecute those who believe the rules do not apply to them.
“It is also reassuring that the Planning Inspectorate agreed with our position and rejected the appeals against the enforcement action – and it’s positive that our partnership with Salford City Council’s financial investigators has helped to confiscate the proceeds of their criminal enterprise.”
