Date published: June 18, 2022
Photo: alexanderuhrin – stock.adobe.com
The unauthorized car wash was operating on the site of a used car business
A Rochdale resident has been fined for using a garage as a car wash without planning permission.
Magdid Abubakr, of Shirburn, Rochdale, appeared at Manchester Magistrates’ Court on Friday May 20, 2022, pleading guilty to the offense of breaching an enforcement order contrary to the City Planning Act territory (1990).
A second man, Mohammed Zulifkar, the landowner, failed to appear in court for the same offense and a warrant was issued for his arrest.
The unauthorized car wash which operated on the site of a used car business, VW Autos on Oldam Road, was deemed unacceptable due to the noise and nuisance to local residents associated with the activities undertaken on site.
Having then been instructed to apply for permission to operate, the company did not do so and an enforcement notice was issued requiring cessation of use.
Mr. Abubakr appealed this decision, but this was rejected by the Planning Inspectorate. Despite this, he continued to operate the car wash, leading the council to take legal action.
The court found Mr Abubakr guilty of the misuse of the land and ordered him to pay a fine totaling £5,598.78 at £100 per month from June. This included costs of £1,408.78.
Councilor John Blundell, Cabinet Member for Economy and Regeneration, said: ‘Mr Abubakr has had ample opportunity to comply with instructions from our planning department about the improper running of the business, but chose to ignore the enforcement notice and continue to abuse the site for which it was intended.
“This conviction shows that you simply cannot ignore the planning regulations, otherwise there will be consequences and ultimately, as in this case, the sanction of a fine.
“The right way for any business to proceed is to seek appropriate planning advice at the outset of an idea and obtain relevant planning consent before commencing development or making changes so that such a case does not happen.
“In this case, we had no choice but to bring Mr. Abubakr to justice for willful non-compliance. This is a warning to anyone considering the same course of action.