Council secures £30,000 costs against developer 

Merton Council successfully prosecuted the developer behind a set of unauthorised extensions in Mitcham at Wimbledon Magistrates Court in late 2021, bringing to a close an action that has lasted more than two years. 

Nizar Mitha, who owned the property at 7 Streatham Road, Mitcham CR4 2AD, was fined more than £15,000 for non-compliance with two enforcement notices and ordered to pay £14,580 of Merton Council’s costs, plus a surcharge of £181, giving a total £30,961. 

Council officers had first served the notices in June 2019, requiring that Mr Mitha demolish an outbuilding that had been erected on the property without permission, as well as to remove three dormer extensions which had also been built at the address. 

Mr Mitha appealed to the Planning Inspectorate to allow the developments to remain, but these were dismissed and with no further compliance noted legal proceedings were launched on behalf of Merton Council by the South London Legal Partnership. 

On 16 December 2021, Deputy District Judge Cohen found Mr Mitha, who was represented by solicitors and a barrister, guilty of non-compliance with the two enforcement notices and imposed a significant financial penalty.  

Councillor Martin Whelton, Cabinet Member for Housing, Regeneration and the Climate Emergency, said: “This successful prosecution shows Merton will continue to aggressively pursue such cases through the courts and take tough action against developers who flout the law.  

“I would like to thank our planning enforcement and legal teams for all their hard work in bringing this case to court”