AN overgrown garden has cost two Colchester residents thousands of pounds in fines after the council took them to court for affecting the setting of a listed building.

In December last year, Kate Zepeda and Nicholas Ambrose were both served with a Section 215 notice by Colchester Council which required them to maintain the property on 18 Stockwell Street, Colchester, so it did not drag down the desirability of the surrounding area.

Under the ruling, Ambrose and Zepeda had from Sunday, December 18 until Tuesday, April 17 to carry out works to clear up the garden.

After the two failed to take any action, however, they were taken to court by Colchester Council, and officials at Colchester Magistrates’ Court went on to consider the case last Wednesday.

Neither Ambrose, of Colchester High Street, nor Zepeda, of Garland Road, were present at the hearing.

Both were found to have failed to comply with Colchester Council after the Section 215 notice was issued, and they were subsequently handed fines which, combined, totalled more than £2,500.

Gazette: Absent – neither Ambrose nor Zepeda attended the hearingAbsent – neither Ambrose nor Zepeda attended the hearing (Image: Colchester Council)

Ambrose and Zepeda were each fined £440, a £176 surcharge to fund victim services, and additional costs of £645.68.

It means that they were each fined £1,261.68.

Councillor Andrea Luxford-Vaughan, who is Colchester Council’s portfolio holder for planning, environment and sustainability, said Section 215 notices are only issued if a situation is particularly serious.

She said: “Taking enforcement action is a last resort to remedy a situation that is causing real harm.

“We always try to secure cooperation and to allow time for the owners to carry out works specified in the enforcement notice.

Gazette: Action – a section 215 notice was served last yearAction – a section 215 notice was served last year (Image: Colchester Council)

“However, those who ignore the advice of our officers and fail to sort matters out should be in no doubt that we will take direct action if needed.”

A spokesman for Colchester Council added: “This very overgrown garden was affecting the setting of a listed building and despite efforts to engage with the landowners, they ignored requests from council officers to tidy the garden up.

“We were left with no choice but to serve a Section 215 Notice to enforce a clear up of the garden.”