Sandway Man Given Suspended Prison Term Over Years-Long Defiance of Planning Enforcement

A dispute over land use in the countryside near Harrietsham has ended with a suspended prison sentence, after a man was found to have persistently ignored court orders designed to stop unauthorised development. Fred King, in his 60s, of Warren Lands, Lenham Heath Road, Sandway, appeared before the High Court of Justice, King's Bench Division, on 29 July, following years of enforcement action brought by Maidstone Borough Council.

The case centres on land that has been under planning restriction since long before the current dispute began. Warren Lands has been subject to an Enforcement Notice dating back to 1991, meaning any development there has for over three decades required close scrutiny from the council. Mr King took possession of the site in 2022, at a time when ownership was already contested, and the court heard that his claim to have occupied the land for 12 years — used to support an ownership claim — was later found by investigators to be false.

Concerned that further unauthorised building work might follow, the council, working with Ivy Legal, obtained an interim injunction in October 2022 to halt additional works. That was made into a final injunction order in December 2024. In the meantime, Mr King tried the formal planning route, submitting several planning applications and applications for Certificates of Lawfulness in an attempt to regularise what had been built. All were refused by the council and subsequently dismissed on appeal by the Planning Inspectorate — the independent body that rules on planning appeals in England.

Rather than complying once those legal routes were exhausted, Mr King is reported to have continued breaching the court order over a prolonged period, bringing further caravans and vehicles onto the land and carrying out yet more development work. He admitted contempt of court in April 2026, but the council says only limited steps were taken to comply with the order after that admission, with clearance work on the land only carried out the day before his sentencing hearing at the end of July.

Justice Griffiths ultimately imposed a six-month prison term, suspended for two years, on the condition that Mr King fully vacates and clears the land within six months. That gives him a defined window to comply before the threat of immediate custody would apply — but leaves the council to monitor the site closely in the meantime, since it has said it will pursue further action if the order is not honoured.

For a rural borough like Maidstone, where unauthorised caravan sites and development on protected land periodically become flashpoints between residents, landowners and the council, this case is a marker of how far councils are prepared to go — and how long it can take — to enforce planning law through the courts. The council's Planning Enforcement Team Leader said the judgment "highlights the importance of following the planning process and complying with enforcement notices and Court Orders", adding that residents "rightly expect planning rules to be applied fairly and consistently." The council says enforcement action remains a last resort, and it is urging anyone planning substantial building work to seek advice and permissions from the outset rather than risk years of legal proceedings. Source: Maidstone Borough Council