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

‘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.’

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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

‘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.’

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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.’

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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.’

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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

‘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.’

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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

‘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.’

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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.’

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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

‘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.’

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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

‘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.’

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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

‘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.’

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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.’

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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

‘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.’

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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

‘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.’

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The Guardian, 12th December 2018

Source: www.theguardian.com

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

‘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.’

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Local Government Lawyer, 26th November 2018

Source: www.localgovernmentlawyer.co.uk

Owner of unauthorised scrap yard hit for £200k in fines, costs and confiscation – Local Government Lawyer

Posted November 12th, 2018 in confiscation, costs, enforcement notices, fines, news, proceeds of crime, waste by tracey

‘The owner of an unauthorised scrap yard in South Staffordshire was last month fined £24,000 and ordered to pay court costs of £28,280 at Birmingham Crown Court.’

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Local Government Lawyer, 12th November 2018

Source: www.localgovernmentlawyer.co.uk

Judges reject appeal by planning defendant over ‘impersonation’ in magistrates court – Local Government Lawyer

‘The Court of Appeal has rejected a claim that a fine and a £4m-plus proceeds of crime order made over a planning case in Ealing should be overturned because the defendant was impersonated in the magistrates’ court.’

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Local Government Lawyer, 7th February 2018

Source: www.localgovernmentlawyer.co.uk

Landlord who delegated to husband loses appeal in enforcement notice case – Local Government Lawyer

Posted July 13th, 2017 in appeals, enforcement notices, landlord & tenant, local government, news by tracey

‘A landlord has failed in an appeal against a claim by the London Borough of Newham that she ignored enforcement notices related to her property, having argued that she had delegated all responsibility for the property concerned to her husband.’

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Local Government Lawyer, 12th July 2017

Source: localgovernmentlawyer.co.uk

Confiscation proceedings halted over “fatal error” in indication of guilty pleas – Local Government Lawyer

‘A council’s bid to obtain a confiscation order over planning enforcement breaches has been halted after a ruling that the indication of pleas of guilty on the two defendants’ behalf and in their presence by counsel appearing for them in the magistrates’ court was an incurable error.’

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Local Government Lawyer, 19th May 2017

Source: www.localgovernmentlawyer.co.uk

Sir Philip Green in firing line as Pensions Regulator begins enforcement action over BHS’s £571m pension deficit – Daily Telegraph

Posted November 3rd, 2016 in enforcement notices, news, parliament, pensions by tracey

‘The Pensions Regulator has begun enforcement action against a number of parties including Sir Philip Green after failing to reach a deal to plug BHS’s £571m pension deficit. In a dramatic development, the regulator, which has been in talks with Sir Philip and his Taveta group of companies over the retailer’s pension fund since BHS collapsed in late April, issued a warning notice to the Top Shop entrepreneur setting out why it believes he is liable to support the scheme.’

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Daily Telegraph, 2nd November 2016

Source: www.telegraph.co.uk

Moore v Secretary of State: The Consequences for Gypsy and Traveller Planning –

‘Charmaine Moore a Romani Gypsy and a single mother of 3 dependent children. She and one of her daughters are disabled. She owns and occupies land in the London Borough of Bromley. In 2010 she applied for planning permission to live on her land. That application has still to be determined finally. The application was a modest one “change of use – private Gypsy and Traveller Caravan Site comprising pitch, accommodating one mobile home and one touring caravan”. She has never sought more.’

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No. 5 Chambers, 24th April 2015

Source: www.no5.com