After receiving reports of an unauthorised development at the nursery & garden centre, it was found that a large part of the site had been cleared and a hardstanding material laid to accommodate shipping containers for storage. 

The land had previously formed part of the garden centre and was an open green space with trees and shrubs that made a positive contribution to the semi-rural setting of the garden centre. The unauthorised development had led to a reduction in natural landscaping, and introduced an unsightly form of development which had an industrial character and appearance.

The council served an enforcement notice which was appealed to the Secretary of State. An Inspector appointed by the Secretary of State agreed with the council that the development was harmful, not in accordance with the development plan, and should not be allowed. 

Despite losing the appeal, the business refused to comply with the enforcement notice and continued operating the storage business. As a result, the council had to take legal action to get the business use to stop and the site be put back to its former condition and appearance.

The business and its director William Smith, 40, of Vauxhall Road, Liverpool, pleaded guilty at an earlier hearing, and were sentenced at Liverpool Crown Court on Thursday 29 August. 

The Judge made it clear that the loss of amenity to the area and the time period over which the offence was committed were aggravating features. Another factor was that the work to put this issue right wasn’t yet completed, and hadn’t been started until after the guilty pleas had been entered at an earlier hearing. 

However, the fact that a lot of work had now been completed at a cost exceeding £39,000, and that the defendants had originally relied on incorrect professional advice, was mitigation for the offence. 

Mill House Metals Limited was handed a fine of £7,500 with £3,596 in costs, with Mr Smith fined £7,500 with £2,000 in costs.

Cllr John Kerr-Brown, cabinet member for environment and public protection said: “The loss of what was previously an area of attractive green space at the garden centre with trees and shrubs, and the introduction of an industrial development of shipping containers on hardstanding, is clearly unacceptable. 

“This investigation has committed a lot of time and effort over several years and is still ongoing, but we will continue to take action to ensure that the land is put back to an acceptable condition.”