‘Richard Caring, the billionaire nightclub and restaurant entrepreneur, is refusing to remove three “incongruous and dominant” windows from his £40m house in South Kensington despite the council issuing an “enforcement notice” ordering him to do so.’
The Guardian, 5th September 2022
Source: www.theguardian.com
‘A High Court judge recently dismissed a judicial review challenge over a council’s decision to issue a Breach of Condition Notice. Roderick Morton explains why.’
Local Government Lawyer, 12th August 2022
Source: www.localgovernmentlawyer.co.uk
‘A Wiltshire man has been ordered to pay more than £26,000 after Wiltshire Council prosecuted him for non-compliance with planning enforcement notices at a site in Bromham.’
Local Government Lawyer, 29th June 2022
Source: www.localgovernmentlawyer.co.uk
‘The Information Commissioner’s Office has issued a Monetary Penalty Notice of £7,552,800 to Clearview AI Inc for breaches of the UK GDPR. Ibrahim Hasan looks at the background to the case.’
Local Government Lawyer, 10th June 2022
Source: www.localgovernmentlawyer.co.uk
‘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
‘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
‘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
‘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
‘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
‘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
‘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
‘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
‘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
‘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
‘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
‘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
‘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
‘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
‘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
‘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
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