A COURT appearance turned out to be a waste of time for a man accused of not paying a levy to the Dartmouth Business Improvement District.

The hearing could not go ahead because of what seemed to be an administrative mix-up by South Hams Council.

Plymouth magistrates told Nigel Bartlett on Friday they were sorry he had to sit through a lengthy afternoon in court only to learn his case had to be adjourned – for the second time.

Mr Bartlett, of Timestep House, Collingwood Close, Townstal Industrial Estate, Dartmouth, told the bench he did not owe the £300 BID levy, plus £80 costs, because he was still waiting for a retrospective change of use planning application to be determined by South Hams Council after more than 12 months.

Sonia Powell, support services manager at South Hams Council, said she was not aware of the planning application and, if she had been, the case may have been dropped.

‘We would have taken a different view and may not have come to this point,’ she said. ‘We would have waited until the outcome of the planning application.’

She said if payment had been taken from Mr Bartlett and then retrospective planning approval been given, a refund would have been issued.

‘I am happy to put this account on hold until planning approval is resolved,’ she told the court.

Chairman of the bench Carol Belton adjourned the hearing until Friday, March 18, at 10am, while also urging South Hams Council to notify the court of its decision on the planning proposal to possibly avoid Mr Bartlett from having to attend court again.

The clerk to the magistrates said: ‘If the planning application is successful, could South Hams Council please contact Mr Bartlett and withdraw it [the summons] rather than bring him back to court for another wasted journey.’

Ms Powell said an account for this year’s BID levy had been issued to Mr Bartlett, a sole trader, and sent to premises at Timestep House on June 1, 2015. The usual reminders were sent out and a final notice issued for non-payment on July 30, 2015, she said.

A court summons was issued in November for a December appearance and Mr Bartlett had asked for an adjournment saying was unable to attend, she told the court. The amount still remained unpaid.

Ms Powell explained to the court that the Dartmouth BID had been introduced to promote the area and was a compulsory levy for businesses within the geographical area to pay, but South Hams Council was only the collecting agent.

Mr Bartlett said the BID was ‘controversial’ but more importantly he had submitted a planning application to South Hams Council on January 20, 2015, which would have taken the Timestep House property out of the scope of the BID.

‘It would not have been deemed business premises for the purpose of the BID,’ he said. ‘But the application was delayed.’

Mr Bartlett said the application had hit numerous problems – including a change of planning officer last November at South Hams Council – which had been shown on his documentation but had still not gained consent and was now due to be determined by the end of the month.

The retrospective proposal is for change of use from office store to a live-in work unit at Timestep House.

Mr Bartlett’s BID liability order summons was the final matter to come before the city magistrates on Friday. The bench had a particularly heavy case load and Mr Bartlett’s case was not heard until 5pm.

The court also issued liability orders for two Dartmouth businesses to pay unpaid levy payments. A self-catering accommodation business run by N Crowden was ordered to pay £150 and Liberty Gifts Ltd must pay £500. Each must also pay £80 costs.