4 JULY 2012
REPORT OF HEAD OF DESIGN AND DEVELOPMENT
85 COVERDALE ROAD, SOLIHULL – UNTIDY LAND
Purpose of Report
To inform Members of a failure to comply with a Section 215 Notice and to seek
authorisation for prosecution action.
This is a long-running case relating to the untidy condition of the gardens of 85 Coverdale
Road. Triggered initially by an anonymous complaint in 2005, a subsequent complainant
has long since moved away and there is no longer any active complainant, however the
matter remains unresolved. The gardens, but most particularly the rear garden, are full of
apparently waste items which appear to relate to the occupier’s employment which is
understood to be in the building trade. A wide variety, and large amount, of materials, items
and equipment have been deposited and have accumulated over many years in an
overgrown garden. The main accumulation, in the rear garden, is not visible from any public
place, but can be seen from the first floor windows of neighbouring properties.
A previous Section 215 Notice was not fully complied with. The owner has proven impossible
to make contact with and has never responded to any letters or notices. In June 2011, on
review of the case, Members resolved that a fresh S215 Notice should be issued, and if not
complied with, the matter should then be reported back to Planning Committee to consider
the expediency of any potential further action.
A second S215 Notice was subsequently issued and the compliance period has now
expired. The Notice has not been complied with, and further efforts to make contact with the
occupier have failed.
Failure to comply with a S215 Notice is an offence, and in this case it is one which has been
knowingly committed despite repeated letters and reminders. I therefore consider that
prosecution action would meet both the evidential and public interest tests in this case, and
may perhaps finally trigger a response and/or some remedial action from the
If prosecution does not result in appropriate action then the Council does have the power to
take direct action and engage contractors to enter the land and carry out the works to secure
compliance with the notice. However, at this stage this course of action is not considered
appropriate until prosecution action has been pursued.
That the Chief executive be authorised to take prosecution action against all persons
responsible for the offence described above.