News High Court ruling over unauthorised development at Warren Lands
A man who repeatedly ignored court orders over an unauthorised development has been sentenced at the High Court.
Fred King, who is in his 60s, of Warren Lands, Lenham Heath Road, Sandway, appeared before the High Court of Justice, King's Bench Division, on Friday, 29 July 2026, following enforcement proceedings brought by Maidstone Borough Council.
The hearing following an investigation by the council in relation to unauthorised development at Warren Lands, Sandway, near Harrietsham.
During the hearing it was explained that Warren Lands has been subject to planning restrictions under an Enforcement Notice dating back to 1991. The Court also heard that Mr King took possession of the land in 2022, despite ownership of the site remaining the subject of an ongoing dispute. Claims that he had occupied the land for 12 years in support of an ownership claim were later found by investigators to be false.
Following concerns about further unauthorised development of the site, with the professional assistance of Ivy Legal, the Council successfully obtained an interim injunction in October 2022 to prevent additional works being carried out. A final injunction order was granted in December 2024.
During the course of the proceedings, Mr King submitted a number of planning applications and applications for Certificates of Lawfulness in an attempt to regularise development on the site. These applications were refused by the Council and subsequently dismissed on appeal by the Planning Inspectorate.
Despite the injunction being in force, Mr King continued to breach the terms of the Court Order over a prolonged period by bringing additional caravans and vehicles onto the land and carrying out further development works.
Although Mr King admitted contempt of court in April 2026, the Court heard that limited steps had been taken to comply with the Order since then. Efforts to clear the land were only undertaken the day before the sentencing hearing.
In handing down sentence, Justice Griffiths imposed a six-month term of imprisonment, suspended for two years, on condition that Mr King fully vacates and clears the land within six months.
The judgment concludes more than four years of extensive enforcement action by the Council to address unauthorised development and repeated breaches of both planning controls and Court Orders.
The Council recognises that residents in the area have raised concerns about unauthorised development in the countryside and hopes this outcome provides reassurance that planning rules are actively enforced and breaches are taken seriously.
While every planning case must be considered individually, the Council will continue to use the full range of powers available to it where there are serious breaches of planning control or failures to comply with legal notices and Court Orders.
The Planning Enforcement Team Leader for Maidstone Borough Council, said: "This judgment highlights the importance of following the planning process and complying with enforcement notices and Court Orders. Residents rightly expect planning rules to be applied fairly and consistently.
"While enforcement action is always a last resort, the Council will take appropriate action where serious breaches occur. We encourage anyone considering development to speak with us at an early stage and secure the necessary permissions before carrying out substantial works."
The Council will continue to monitor the site and will take any further action considered necessary to ensure compliance with the Court's Order.