enforcement notices – Current Awareness

Council prosecution sees homeowner ordered to pay £40k+ for unauthorised extension – Local Government Lawyer

Posted March 21st, 2022 in confiscation, enforcement notices, fines, housing, local government, news, planning by sally

‘A homeowner who built a side and rear extension without planning permission, was refused planning permission, and then failed to demolish the extension which was being rented out as an independent self-contained unit has been ordered to pay more than £40,000 by way of a fine, costs and a confiscation order.’

Local Government Lawyer, 21st March 2022

Source: www.localgovernmentlawyer.co.uk

Private landlord ordered to pay £65k after breaching planning enforcement notice over unlawful HMO – Local Government Lawyer

Posted January 12th, 2022 in confiscation, enforcement notices, fines, houses in multiple occupation, housing, landlord & tenant, local government, news, planning, proceeds of crime by tracey

‘A landlord has been ordered to pay more than £64,000 for breaching a planning enforcement notice served on a property in Barking being used illegally as a House in Multiple Occupation (HMO).’

Local Government Lawyer, 11th January 2022

Source: www.localgovernmentlawyer.co.uk

Man-shed miscalculated – Local Government Lawyer

Posted November 29th, 2021 in appeals, contempt of court, enforcement notices, housing, injunctions, local government, news, planning, Uncategorized by tracey

‘The Court of Appeal recently rejected an appeal by the owner of a building dubbed “Britain’s biggest man cave” over a ruling that he was in contempt of court of an injunction issued in 2018. Roderick Morton analyses the judgment.’

Local Government Lawyer, 26th November 2021

Source: www.localgovernmentlawyer.co.uk

Bad Character: an essential guide to propensity evidence in health and safety prosecutions – Henderson Chambers

Posted November 3rd, 2021 in bad character, chambers articles, enforcement notices, health & safety, news by sally

‘The CJA 2003 introduced a sea-change in how bad character evidence was admitted in criminal proceedings. This article is a discussion on the important but difficult subject of when and how bad character evidence may be admitted in a health and safety prosecution. In particular, we consider applications to admit Enforcement Notices issued by the Health and Safety Executive where the prosecution seeks to rely on these Notices as evidence to prove the defendant’s propensity to offend.’

Henderson Chambers, 1st November 2021

Source: www.hendersonchambers.co.uk

Another month, another immunity case. Another question ducked by the court? – Local Government Lawyer

Posted September 13th, 2021 in appeals, enforcement notices, housing, immunity, local government, news, planning by tracey

‘Roderick Morton analyses an appeal against a decision of an inspector to dismiss the appellant’s appeal against an enforcement notice issued by a council in respect of the unauthorised conversion of a property into two flats.’

Local Government Lawyer, 10th September 2021

Source: www.localgovernmentlawyer.co.uk

Confiscation and enforcement notices: the roll-back from Panayi – Carmelite Chambers

Posted June 24th, 2021 in appeals, chambers articles, confiscation, enforcement notices, news by sally

‘Richard Furlong considers the Court of Appeal decision in Barnet v Kamyab, and the prospect of Edis LJ conducting a fact-finding confiscation hearing. An interesting issue arises as to the first-instance defendant’s right of appeal from that exercise.’

Carmelite Chambers, 6th June 2021

Source: www.carmelitechambers.co.uk

Court of Appeal allows appeal by council over £270 confiscation order for unlawful flats conversion when it claimed for more than £455,000 – Local Government Lawyer

Posted April 19th, 2021 in appeals, confiscation, enforcement notices, housing, local government, news, proceeds of crime by tracey

‘The London Borough of Barnet has won an appeal after the Crown Court imposed a confiscation order of £270 when the council had contended for more than £455,000.’

Local Government Lawyer, 19th April 2021

Source: www.localgovernmentlawyer.co.uk

High Court quashes inspector’s decision in case involving challenges under both sections 288 and 289 TCPA 1990 – No. 5 Chambers

Posted April 14th, 2021 in appeals, chambers articles, enforcement notices, government departments, local government, news, planning by sally

‘Planning analysis: In considering challenges under sections 288 and 289 of the Town and Country Planning Act 1990 (TCPA 1990) heard together, the High Court quashed an inspector’s decision to uphold an appeal against an enforcement notice and to grant planning permission. The TCPA 1990, s 289 challenge had been conceded in advance of the hearing, but the parties disagreed about whether the inspector’s decision should be quashed in its entirety as a consequence. Mrs Justice Lang allowed the TCPA 1990, s 288 challenge on the basis of failures in the inspector’s consideration of development plan policies, but said that she would have quashed the decision anyway.’

No. 5 Chambers, 8th April 2021

Source: www.no5.com

Landlord ordered to pay nearly £200,000 after unlawfully turning property into 13 flats – Local Government Lawyer

Posted March 9th, 2021 in confiscation, costs, enforcement notices, fines, landlord & tenant, news, planning by tracey

‘A landlord who turned a property in Walthamstow into 13 flats has been ordered to pay nearly £200,000 in fines, costs and a confiscation order.’

Local Government Lawyer, 8th March 2021

Source: www.localgovernmentlawyer.co.uk

Judge rejects use of frozen assets for legal expenses – OUT-LAW.com

Posted February 19th, 2021 in assets recovery, chambers articles, damages, enforcement notices, fraud, judgments, news by tracey

‘A recent ruling by the High Court in London has highlighted the benefits to businesses of using freezing orders to protect and recover assets, as well as the willingness of the courts in England and Wales to support the enforcement of judgments, experts in civil fraud and asset recovery have said.’

OUT-LAW.com, 19th February 2021

Source: www.pinsentmasons.com

Drafting an information for breach of an enforcement notice: Ceredigion CC v Robinson & others – 5SAH

Posted February 17th, 2021 in appeals, chambers articles, criminal procedure, Crown Court, drafting, enforcement notices, housing, local government, news, planning, statutory interpretation, time limits by sally

‘An allegation of an offence in an information or charge must describe the offence in ordinary language and make it clear what the prosecutor alleges. Amendments to section 179 of the Town and Country Planning Act 1990 (TCPA 1990) mean that it is no longer necessary, when prosecuting a defendant for non-compliance with an enforcement notice, to aver within the information the date upon which the period of compliance expired. The court held that the exact moment at which the compliance period expired was no longer of critical or defining importance. It is a necessary inference within an information that the date upon which the offence is said to have been committed, occurred after the period of compliance had expired. The prosecutor would still need to prove as a fact that the date for compliance had expired, but this fact was not essential to enable the defendant to understand what the prosecutor was alleging.’

5SAH, 16th February 2021

Source: www.5sah.co.uk

Court of Appeal dismisses appeal by company director over £99k penalties for breaches of HMO regulations, non-compliance with enforcement notices – Local Government Lawyer

Posted January 14th, 2021 in company directors, enforcement notices, houses in multiple occupation, local government, news, penalties by tracey

‘The Court of Appeal has rejected a company director’s appeal over penalties amounting to £99,000 imposed by the Upper Tribunal for breaches of regulations covering houses in multiple occupation (HMOs), and non-compliance with enforcement notices.’

Local Government Lawyer, 13th January 2021

Source: www.localgovernmentlawyer.co.uk

Divisional Court hands down ruling on requirements for charges under s. 179 TCPA – Local Government Lawyer

Posted January 7th, 2021 in drafting, enforcement notices, informations, local government, news, planning, Wales by tracey

‘A Welsh council has won an appeal to the Divisional Court over a ruling that informations it laid under s.179 of the Town and Country Planning Act 1990 were defective.’

Local Government Lawyer, 6th January 2021

Source: www.localgovernmentlawyer.co.uk

Sentencing and confiscation in prosecutions for breaches of planning enforcement notices (R v Roth): Sarah Wood for Lexis Nexis – 5SAH

Posted August 28th, 2020 in appeals, chambers articles, confiscation, enforcement notices, fines, guilty pleas, housing, news, planning, proportionality, rent, sentencing, time limits by sally

‘This case involved an appeal against a fine and a confiscation order following criminal proceedings for breach of an enforcement notice served under the Town and Country Planning Act 1990 (TCPA 1990). The appellant, Mr Roth, had converted a property into 12 self-contained flats without prior planning permission. His appeal against sentence was successful; insufficient credit had been given for his guilty plea in the Crown Court, where the case had been committed for the purposes of confiscation. The appeal against the confiscation order was advanced on three grounds: firstly, that the wording of the summons restricted the criminality to one day; secondly, that the rent received was not linked to the breach of the planning legislation; and thirdly, that it was disproportionate for the benefit figure to comprise the gross rental received. All three grounds were dismissed.’

5SAH, 24th August 2020

Source: www.5sah.co.uk

Property owners found guilty over illegal sub-division of building after ten year battle with council – Local Government Lawyer

Posted June 26th, 2020 in confiscation, enforcement notices, housing, local government, London, news, planning, proceeds of crime, standards by sally

‘Two joint property owners have been found guilty of illegally sub-dividing a building into seven substandard flats in a prosecution brought by the London Borough of Camden.’

Local Government Lawyer, 25th June 2020

Source: www.localgovernmentlawyer.co.uk

Landlord fails in bid to vacate earlier guilty plea amid claims council was improperly motivated by prospect of confiscation windfall – Local Government Lawyer

Posted June 22nd, 2020 in confiscation, enforcement notices, guilty pleas, housing, judicial review, landlord & tenant, local government, news, planning, proceeds of crime by sally

‘A landlord has failed in a judicial review challenge after he was refused permission to vacate a guilty plea in relation to an enforcement notice, amid claims that a council was improperly motivated by an expected windfall from a confiscation order.’

Local Government Lawyer, 19th June 2020

Source: www.localgovernmentlawyer.co.uk

Defendant who claimed to be ‘Freeman of the land’ fined £15k for planning breaches – Local Government Lawyer

Posted January 7th, 2020 in enforcement notices, fines, news, planning by sally

‘A resident who claimed to be a ‘Freeman of the land’ has been fined £15,000 for refusing to remove an unlawfully built extension that covered the whole of his back garden.’

Local Government Lawyer, 6th January 2020

Source: www.localgovernmentlawyer.co.uk

Landlord given suspended sentence and ordered to pay £300k+ after hiding families in windowless rooms – Local Government Lawyer

Posted March 27th, 2019 in compensation, council tax, enforcement notices, families, housing, landlord & tenant, local government, news, planning, proceeds of crime, sentencing, suspended sentences by sally

‘A landlord who hid families in windowless rooms after claiming to a council that he had complied with an enforcement notice has been fined £25,000 and ordered to pay a further £266,177 under the Proceeds of Crime Act 2002.’

Local Government Lawyer, 26th March 2019

Source: www.localgovernmentlawyer.co.uk

Landlord fined £25,000 over lack of hot water for disabled tenant – The Guardian

Posted December 13th, 2018 in disabled persons, enforcement notices, equality, fines, landlord & tenant, local government, news, race discrimination, repairs, water by tracey

‘The wife of Britain’s most controversial buy-to-let landlord, Fergus Wilson, has been ordered to pay £25,000 in fines and legal costs after a court ruled that she had failed to supply hot water to a disabled tenant.’

The Guardian, 12th December 2018

Source: www.theguardian.com

London borough secures £450k confiscation over ‘beds in sheds’ – Local Government Lawyer

Posted November 27th, 2018 in confiscation, enforcement notices, housing, landlord & tenant, local government, London, news, planning by tracey

‘Ealing Council has obtained a confiscation order of nearly £450,000 against a landlord who ignored enforcement notices over ‘beds in sheds’ at one of her rental properties.’

Local Government Lawyer, 26th November 2018

Source: www.localgovernmentlawyer.co.uk

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