News

Successful Prosecution of Local Developer

Borough of Poole's Environmental and Consumer Protection Services (E&CPS) has successfully prosecuted a local developer for offences under the Property Misdescriptions Act .

Gee Developments Ltd of Sandbanks Road, Poole, was fined £3,300 and ordered to pay costs at a hearing at Wimborne Magistrates Court on August 11 2008.

Eddie Mitchell, Director of Gee Developments Ltd, pleaded guilty on behalf of the company to two offences under the Property Misdescriptions Act.

In January 2006, planning permission was granted to the developers to build two three-storey blocks of flats at Flaghead Road, Canford Cliffs. A condition of the planning consent was that a large lounge window in the top floor flat in one block should have obscure glazing to prevent external views and neighbouring properties being overlooked.

Despite this condition, Gee Developments installed the window in the flat with clear glass to which they applied a green tinted film. The property was then marketed as having views over Canford Cliffs with no mention of the planning condition.

After the property was sold, the Council's Planning Design and Control Services received a number of complaints alerting them to the breach of planning permission and served a notice to the new owner of the property to install obscure glass.

The new owner was unaware of the planning condition and contacted E&CPS because the flat has been misdescribed and the flat would not have been purchased if the new owner had been aware of the planning condition. In order to comply with the planning condition obscure glass has been installed.

After investigations by E&CPS Trading Standards officers, Gee Developments were charged with two offences of providing misleading statements; the first relating to the description and photograph in a brochure marketing the property and the second for the window itself when the flat was viewed.

Shaun Robson, Head of Environmental and Consumer Protection Services, Borough of Poole said: "This is an excellent result. Buying a property is one of the biggest decisions people make. The panoramic views offered by this property were its key selling point. The Property Misdescriptions Act is there to ensure estate agents and property developers provide accurate information when they market properties and we take cases like this very seriously. We hope this case demonstrates to other developers the measures we will take if necessary."