The directors of two businesses have been ordered to pay £190,000 between them after illegally using a property as a car repairs and audio fitting garage, before ignoring enforcement notices from the council.
Ahmed Chohan, 55, and Muhammed Anzir, 29, were sentenced after breaching planning regulations at a property on Stockport Road, south Manchester.
Sole director of Chohan Properties, Anzir was the effective freehold owner of 1 Eltham Street in Levenshulme, which was breaching a planning enforcement notice by being used as a workshop and storage area for Car Sound Studio and Security Ltd, which was operated by Chohan.
Anzir was ordered to pay a fine of £6,000 and has had £127,876.44 criminal benefit confiscated.
Chohan was ordered to pay a fine of £20,000, while he benefited from the criminal activity to the tune of £745,673.70. However, he was ordered to pay £30,000 by the courts as the amount available to him at the point of prosecution.
The owners and their companies were also told to pay costs of £500 each, plus an extra £50 fine against the companies, amounting to £2,100 in total, and a total £4,000 victims of crime surcharge.
In all this brings the total to an eye-watering £189,976.44.
If they don’t pay within three months they face imprisonment – 19 months for Anzir and six for Chohan.
Cllr 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.”
In June 2018, the Council’s enforcement officers became aware that the property, at 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 planning permissions.
The property was physically changed, with the installation of roller shutters to the rear and a car park at the front, which prompted complaints from locals.
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.
Anzir appealed, which was dismissed by a planning inspector, who also awarded costs against him.
The council said it made numerous attempts to help the pair comply, including giving them more time, but they kept using the premises.
The pair were sentenced following guilty pleas to offences committed under the Town and Country Planning Act.
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.
