A HAMPSHIRE-based property developer has been fined £7,500 for building double the amount of flats it was allowed to.

Tonepark Limited, based at Northampton Lane in Blackfield, converted 56-58 Howard Road into 18 self-contained flats when it had permission for only nine.

The firm was refused retrospective permission and failed to comply with enforcement notices, South-ampton Magistrates' Court was told.

Tonepark was landed with the hefty fine and ordered to pay £375 costs for what magistrates said was a deliberate breach of planning control over a long period of time.

Councillor Gavin Dick, Cabinet member for environment and transport at Southampton City Council said: "This is a great result for the planning enforcement team. This case illustrates that the council will not tolerate the continued breaching of the planning laws."

The council discovered building works were being carried out without planning permission in July 2003 The property had been converted to form 18 self-contained flats.

The court was told how the council served an enforcement notice in May 2005 requiring that the property be returned to its original condition.

Tonepark submitted various appeals against the notice but they were dismissed.

And despite the council's repeated requests, Tonepark failed to comply with the enforcement notice, a criminal offence.

Passing sentence, magistrates said they accepted that Tonepark exercised its right of appeal but that extra time was given to the company to comply and it did nothing.

Magistrates added they looked at the company's accounts and found it hard to believe it was running at a loss. They also rejected an argument that the extra rooms made no additional income.

The fine was reduced from £10,000 because of a guilty plea.

The enforcement notice is still in place.

A further prosecution will be considered if it is ignored again.

Tonepark could not be contacted for comment.