Courts upholds £296k fine for Locks Hill, hands down £11k fine for Kernborough owner

South Hams District Council (SHDC) has reaffirmed its commitment to protecting communities and taking action against unauthorised development after two successful court victories. 

The owner of land at Kernborough Sewage Treatment Works has been found guilty and fined for failing to comply with an Enforcement Notice, and the Court of Appeal has thrown out a challenge against the sentences passed relating to the long-running Locks Hill development in Kingsbridge. 

Locks Hill

Meanwhile, SHDC has achieved another significant win in its long-running battle over the Garden Mill development site in Kingsbridge, known locally as Locks Hill. 

In August 2024, Garden Mill Ltd and its Director John Freeland were found guilty in the Crown Court of breaching an Enforcement Notice and Temporary Stop Notice after building work continued on the site in breach of planning conditions. The planning conditions were designed to protect trees and a neighbouring Grade II listed building. The company and its director were ordered to pay fines and costs. 

Earlier this year Garden Mill Ltd and Mr Freeland challenged their convictions in the Court of Appeal. However, on 16 July 2026 both appeals were dismissed, meaning the original fines and costs totalling £296,000 remain in place. 

Kernborough Sewage Treatment Works

In the latest case at Kernborough, despite repeated advice that the land could not be used for residential caravans, the owner ignored the advice and moved onto the site. The council received numerous complaints, including concerns about noise.  

Occupants were given time to find alternative accommodation, but when they failed to leave, an Enforcement Notice was served. The owner did not comply with the Enforcement Notice and was found guilty at Plymouth Magistrates' Court on 30 July 2026, where fines and costs totalling £11,345 were imposed. 

Councillor David Hancock, Executive Member for Planning, said: "These successful prosecutions show that we will not hesitate to take action when planning regulations are ignored. They are there for a reason – to protect our communities and our environment.  

“We always try to work with landowners and developers to help them do the right thing and most do work with us. People thinking that the rules don’t apply to them undermines our communities, but when they choose not to comply and ignore the rules, we will not hesitate to use our enforcement powers and pursue through the courts if necessary, no matter how long this takes. 

“In both these cases we tried repeatedly to engage with those involved before taking action. We recognise the strength of feeling and frustration they have generated locally, and whilst these judgements are positive, they cannot reverse the damage already done, particularly at Locks Hill.  

"The community is left with a half-finished building site amid a housing crisis, a situation that has been irresolvable whilst this fruitless appeal has been ongoing. We are committed to working with the owners of the site to create a positive outcome that aligns with our ambitions and planning policy.” 

The Court of Appeal judgment relating to the Locks Hill case can be viewed at: https://caselaw.nationalarchives.gov.uk/ewca/crim/2026/1006?query=Freeland&court=ewca%2Fcrim