Homeowner fined over £3,500 after breaking planning rules

Southampton City Council brought a prosecution against Mr Mubashar Khan for failure to comply with a Planning Enforcement notice

In early 2021, Mr Khan applied for planning permission for a first floor rear extension at 31 Hartington Road. This original application was refused because it was considered to have a significantly harmful impact on neighbouring occupiers.

Mr Khan submitted an amended planning application later that same year which responded to the reasons for refusal of the first application and as a result was granted planning consent.

In 2022, during construction of the extension, the physical build went beyond what was authorised by the planning permission and the council’s Planning Enforcement team received a complaint about the build.

After an investigation by the Planning Enforcement team, Mr Khan submitted a retrospective planning application in July 2022 to address the changes, however this application was refused due to its negative impact on neighbouring homes and also because it would cause harm to the design of 31 Hartington Road.

Mr Khan appealed this decision and the appeal was dismissed in April 2023 by the inspector due to harm to the character of the area and the property and also harm to the living conditions of neighbouring properties that the extension had caused.

Having had the decision of the council confirmed at appeal, the Planning Enforcement team issued an enforcement notice that required the removal of the unauthorised works.

Failure to comply with an enforcement notice is a summary offence, however Mr Khan did not remove the unauthorised elements of the construction. As a result, Mr Khan was summonsed to Southampton Magistrates’ court in December 2024 where he pleaded guilty.

By the time of the sentencing hearing in August 2025, Mr Khan had not yet removed the unauthorised works and was fined a total, including costs, of £3,665. If Mr Khan continues to ignore the enforcement notice, the council will consider further prosecutions.

Councillor Sarah Bogle, Cabinet Member for Economic Development, said: “When the Local Planning Authority makes a decision on a planning application it balances the rights of the applicant with the broader interests of the community and it's the responsibility of the applicant to ensure that what they build is in line with what’s been approved.

“Where owners, occupiers or developers go beyond the rules, we are committed to using the powers available to us to protect our communities and ensure the planning laws and policies that safeguard the health and wellbeing of local people are respected.”