A homeowner who repeatedly attempted to build an extension without planning permission has been sentenced to six months in prison. Trevor Hadjimina was found in contempt of court after resuming construction work at his property in Peckham, South London, despite a judge ordering him to stop. The case follows years of legal disputes with Southwark Council over unauthorized building works at his home, where he has resided since 1991.
Legal History
Southwark Council first took legal action against Hadjimina in 2017 concerning his efforts to build atop a single-storey extension. In 2018, the council secured an injunction prohibiting him from carrying out unauthorized works after he claimed the structure was a caravan. The council returned to the High Court last year, seeking a ruling that Hadjimina had breached the injunction by undertaking further construction.
Court Proceedings
In March, Mr Justice Cotter found two allegations of contempt proven but delayed sentencing after Hadjimina indicated willingness to dismantle the structure. However, at a hearing on Thursday, which Hadjimina did not attend, the judge imposed a six-month prison term after the council reported resumed building works. The judge noted an "extensive history" of Hadjimina attempting to build on the extension.
In 2018, Hadjimina was ordered to "cease all work" and remove a timber frame structure and four courses of brickwork. He complied for several years but began constructing a "large timber-framed structure" last year. After taking it down, he then started building a "substantial brick structure" in its place.
Freeman of the Land Claims
During the March hearing, Hadjimina argued that he was a "freeman of the land" and refused to accept the court's authority. The judge dismissed this as "hopelessly misconceived" and described some arguments as "nonsense." He found both structures violated the 2018 injunction, constituting contempt punishable by up to two years in prison or a fine.
Handing down the sentence, the judge stated: "These were serious breaches. I am wholly satisfied that Trevor breached the injunction order deliberately rather than inadvertently and was fully aware that he was openly defying a court order. This was a deliberate and flagrant breach of the order and in effect amounted to a challenge to the power and authority of the court."
The judge concluded that the gravity of the contempt precluded a suspended sentence, adding: "This is the danger of the various freeman of the land theories; they bring the defendants into conflict with the rule of law. It is not a conflict that they will win and in the process, they frequently, as with Trevor, act to their own very significant detriment."
