Magistrates have thrown out an appeal against an enforcement notice issued against the Ocean Hotel in Sandown, after the eyesore’s owners failed to show in court for a second time.
Phoenix Commercial Property Developments (PCPD) were fighting the notice issued to them by the Isle of Wight Council earlier this year — to clean up the dilapidated eyesore on Sandown Esplanade and High Street.
Following a fire in 2021, there had been increasing calls from the community to do something with the hotel, as its blighted the town. PCPD, however, appealed the notice to the magistrates’ court and paused the tidy-up order.
They argued the condition of the land did not adversely affect the council’s land; the requirements of the notice were too much and the time period in which to take action fell short of what should reasonably be allowed.
A first hearing to discuss the appeal was held in May but no one representing PCPD was present.
The appeal was then due to be heard at trial on 3rd August but after PCPD failed to comply with the timeline set out by the court — to swap witness statements and exhibits with the council by 23rd June — the court requested the matter be brought before Magistrates again.
Representing the council, Edward Elton said the council had tried to contact PCPD via email and the registered address on Companies House but had received no response. The council’s paper bundle physically sent to the address was returned to the authority.
Following that, the Isle of Wight Court contacted PCPD, giving them 48 hours to contact the council, which they failed to do.
Addressing the court on Friday, Mr Elton told magistrates it was their duty not to needlessly prolong cases and with no other party present, called for the appeal to be thrown out.
Agreeing with Mr Elton, presiding magistrate Paul Gane said PCPD had ample opportunity to make its thoughts and presence felt, by email or by communicating with the court or council. He said none of that had happened so the appeal was dismissed.
The Magistrates determined PCPD will have to pay £2,000 towards the council’s legal costs, which Mr Elton said was only part of the expense it would take to get to this stage.
Sandown’s Councillor Ian Ward, who was present in court, said he was really pleased with the outcome and the decision the Magistrates made not to allow PCPD to carry on and on.
The enforcement notice will now start again, meaning PCPD have 2 months – to 15th September – to comply with the 13 actions of the Section 215 notice and 4 months to finish all of the 15.
They include:
- Removing the steel supports from the former entrance canopy fronting the Esplanade
- Cutting all vegetation down to ground level, removing the waste and applying a suitable weedkiller
- Removing all building materials, litter and vegetation across the site and on the access steps and boundary walls
- Cutting back hedgerow
- Removing trailing ivy
- Repairing boundary fencing next to the High Street
- Cleaning all windows and door glass panes fronting the High Street
- Cleaning the door and window canopies serving the main entrance to the hotel and first-floor windows of the Kings Bar so they are free of mould and dirt
- The further action to be completed in four months requires the rendered elevation fronting the High Street cleaned and any flaking paint or defective masonry / render from the elevation be removed.
PCPD is also facing criminal charges for failing to comply with a Community Protection Notice issued by Hampshire Constabulary which lapsed earlier this week, as previously reported by Island Echo.
how many chances are they gona have?how much more tax payers money us too be used? send them too prision …gone on long enough now
Can’t get blood from a stone. I guess fire (suspicious) ruled out any plans for hotel. If PCD have no money then take it into Community/, Council ownership and use money to sort and not waste on legal court Costs. Sure £2000 could of put up a fence and cleaned windows.
What about the rest of Samdown?
Too late. It’s a dump already.
and will the developers do anything?
i think not.
Good result? Let’s wait and see, tidy up, made secure and left, while land values soar, for flats, ect.
I think it’s terrible. They should be locked up and throw away the key!
At the best, tidied up a bit, left few yeafs while land increases, for flats, houses ect.
Why bother giving these people more time. Council should make a compulsory purchase order and put it up for auction and if it is not sold to someone with good intention to develop immediately then bulldoze it and sell the land. Why all this red tape ? Just get on with it.
No wonder PCPD are fighting this draconian enforcement notice – I would too. The building is a derelict shell and should merely be boarded up for safety, and a secure perimeter fence be erected. All this other nonsense I have read in previous articles about CCTV, security patrols, cleaning windows and canopies etc etc etc etc is nonsense, and probably why we are where we are now – way too much IWC and Police.
I’m confused – If the appeal was thrown out why should the enforcement notice start again?
Surely, with the restarting of the clock, they’ve effectively won their case and can , presumably, keep doing the same thing ad-infinitum.
This is not a win in way whatsoever.
The hotel is still an eyesore, the developers have no reason to change that and at least another four months before they have to lodge another appeal and do it all again.
They are holding the courts, the council and the people of Sandown in complete contempt and getting away with it.
Just demolish this eyesore
What will holidaymakers think when they arrive in Sandown
Looks like it was blitzed overnight and no one cleared up the mess.
Agree.
This would not have happened if this eyesore was positioned in Shanklin where the money is.