A builder has failed in his court attempt to avoid a £30,000 bill after his house was ruled to be in danger of collapse.
Khalid Malik, 31, was refused permission by the Appeal Court to challenge a county court decision last August, allowing the Cambridge City Council to claim money from him.
The council took control of his property in Ross Street, Cambridge, in July 2001 after safety concerns about building work on the site.
Officers put in supports at the sides of excavations and scaffolding to support a gable wall that had become unstable after a four-metre hole was dug at the back of the property and 240 tonnes of soil removed.
The court heard that Mr Malik bought the house in November 2000 and obtained planning permission for a new building on vacant land next to his home and for an extension to his property.
But during routine inspections in July 2001, council officials discovered that only six bricks were preventing Mr Malik's home collapsing.
At the Appeal Court in London, Andrew Gore, counsel for Mr Malik, claimed Cambridge County Court judge had been wrong in finding that steps taken by the council were reasonably necessary for the purpose of removing the alleged danger at the premises.
Mr Gore claimed the judge had failed to give adequate reasons for accepting the evidence of the council's expert witness as opposed to that of the defendant.
Rejecting the application for permission to appeal against the findings, Lord Justice Pill, sitting with Lord Justice Latham, said: "This is not a bland unreasoned acceptance of the council's expert witness."
He said the judge had been entitled to prefer the evidence of the council's witness. Cambridge City Council was not represented at the hearing.
Thursday, 15 February 2007
"Trouble builds" (Cambridge Evening News)
(from the Cambridge Evening News)
TWO builders who were fined thousands of pounds after digging a massive hole in the ground which left nearby properties on the brink of collapse are pressing ahead with building a house on the site.
Cambridge City Council was forced to step in after brothers Colin and Terry Malik started digging foundations for a house on Ross Street, Romsey, which left two neighbouring properties unsafe in 2001.
Council workmen carried out emergency safety work and the entire road had to be closed.
Last year the brothers were taken to court by the council which claimed compensation for the work and the pair were left with a bill for £30,000. They were also each fined £5,000 by magistrates for contravening building regulations.
They failed in attempts to appeal against the court judgements.
The brothers have now put forward another planning application to the council for the house they originally intended to build. The application has been recommended for approval and will be heard in November but planning chiefs say they have already started building.
City council planning chief Peter Carter said the men's previous building record would not be a material consideration in its decision.
Mr Carter said: "The city council is conscious development appears to be proceeding although planning permission has not yet been granted.
"The planning department is continuing to monitor the development and an investigation officer is going down to the site on a regular basis.
"They have been advised that anything they are doing is at their own risk."
Previous court cases heard that during routine building inspections in July 2001 council officers discovered only six bricks were preventing a house next to the site from collapsing.
They immediately took over the site and closed the street for fear the house would fall down.
The Malik brothers declined to comment.
TWO builders who were fined thousands of pounds after digging a massive hole in the ground which left nearby properties on the brink of collapse are pressing ahead with building a house on the site.
Cambridge City Council was forced to step in after brothers Colin and Terry Malik started digging foundations for a house on Ross Street, Romsey, which left two neighbouring properties unsafe in 2001.
Council workmen carried out emergency safety work and the entire road had to be closed.
Last year the brothers were taken to court by the council which claimed compensation for the work and the pair were left with a bill for £30,000. They were also each fined £5,000 by magistrates for contravening building regulations.
They failed in attempts to appeal against the court judgements.
The brothers have now put forward another planning application to the council for the house they originally intended to build. The application has been recommended for approval and will be heard in November but planning chiefs say they have already started building.
City council planning chief Peter Carter said the men's previous building record would not be a material consideration in its decision.
Mr Carter said: "The city council is conscious development appears to be proceeding although planning permission has not yet been granted.
"The planning department is continuing to monitor the development and an investigation officer is going down to the site on a regular basis.
"They have been advised that anything they are doing is at their own risk."
Previous court cases heard that during routine building inspections in July 2001 council officers discovered only six bricks were preventing a house next to the site from collapsing.
They immediately took over the site and closed the street for fear the house would fall down.
The Malik brothers declined to comment.
"Builder brothers get back to work" (Cambridge Evening News)
(from the Cambridge Evening News)
TWO notorious builders whose antics led to a street being evacuated have been given the go ahead to carry on building a house despite protests from neighbours.
The Malik brothers, Colin and Terry, have paid thousands of pounds in a series of fines relating to a hole they dug on the site at Ross Street, Romsey, in 2001 which left neighbouring properties on the brink of collapse.
Council workmen had to evacuate the street and initiate emergency safety work after discovering that only six bricks were supporting a house next to the site.
At the city council's East Area Committee the brothers were given permission to build a house on the site but planning chiefs noted they had already started building without permission.
Neighbours urged the council not to allow them permission accusing the brothers of making their lives a misery by regularly blocking the street with vehicles and ignoring building regulations. But committee members said that a builder's reputation was not grounds to refuse an application.
Ross Street resident Dr Rosemary Clark said: "They have stretched building regulations. It is not just that for two years they have made the pavement outside the property dangerous for wheelchairs and parents with pushchairs or that he has repeatedly and illegally closed the street with cars blocking the road.
"What has alarmed those who live nearby is that he has been building without planning permission and flouting regulations.
"He has unashamedly strung the planning department along."
She added that residents feared the values of their properties would plunge if the building was allowed to go ahead.
Colin Malik said: "There is no work going on at that house for which we do not have planning permission. I decided to build the house for my wife who died of cancer and it will now be a family house for me and my two children."
Peter Carter, principal planning officer at the city council, said: "Mr Malik is not completely correct in saying that no work has taken place without planning permission.
"This is a site that has been monitored and we are aware of what is going on. We will have to continue monitoring to ensure that what is being built is what we have given planning permission for."
TWO notorious builders whose antics led to a street being evacuated have been given the go ahead to carry on building a house despite protests from neighbours.
The Malik brothers, Colin and Terry, have paid thousands of pounds in a series of fines relating to a hole they dug on the site at Ross Street, Romsey, in 2001 which left neighbouring properties on the brink of collapse.
Council workmen had to evacuate the street and initiate emergency safety work after discovering that only six bricks were supporting a house next to the site.
At the city council's East Area Committee the brothers were given permission to build a house on the site but planning chiefs noted they had already started building without permission.
Neighbours urged the council not to allow them permission accusing the brothers of making their lives a misery by regularly blocking the street with vehicles and ignoring building regulations. But committee members said that a builder's reputation was not grounds to refuse an application.
Ross Street resident Dr Rosemary Clark said: "They have stretched building regulations. It is not just that for two years they have made the pavement outside the property dangerous for wheelchairs and parents with pushchairs or that he has repeatedly and illegally closed the street with cars blocking the road.
"What has alarmed those who live nearby is that he has been building without planning permission and flouting regulations.
"He has unashamedly strung the planning department along."
She added that residents feared the values of their properties would plunge if the building was allowed to go ahead.
Colin Malik said: "There is no work going on at that house for which we do not have planning permission. I decided to build the house for my wife who died of cancer and it will now be a family house for me and my two children."
Peter Carter, principal planning officer at the city council, said: "Mr Malik is not completely correct in saying that no work has taken place without planning permission.
"This is a site that has been monitored and we are aware of what is going on. We will have to continue monitoring to ensure that what is being built is what we have given planning permission for."
Which Mr Malik do we hate?
1. Tariq Malik (also known as Terry Malik)
2. Kollin Malik (also known as Kolin Malik and Colin Malik)
The Maliks can be found at the following locations:
1. 35 Collier Road
2. La Galleria restaurant
3. 60 Tennison Road
4. A collapsing house on Ross Street
2. Kollin Malik (also known as Kolin Malik and Colin Malik)
The Maliks can be found at the following locations:
1. 35 Collier Road
2. La Galleria restaurant
3. 60 Tennison Road
4. A collapsing house on Ross Street
Why do we hate Mr Malik?
1. His houses fall down when he carries out repairs
2. He is the landlord from hell
3. He tries to rip his tenants off
4. His restaurant is extremely nasty
5. He exploits his workers and pays below the minimum wage
6. He refuses to pay his workers arrears of pay despite a court order against him
7. He is aggressive and insulting and abusive in the street
2. He is the landlord from hell
3. He tries to rip his tenants off
4. His restaurant is extremely nasty
5. He exploits his workers and pays below the minimum wage
6. He refuses to pay his workers arrears of pay despite a court order against him
7. He is aggressive and insulting and abusive in the street
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