Planning Enforcement

Planning Enforcement

Members of chambers act for Local Planning Authorities, architects, developers and individuals in this specialist area of law.

We are highly experienced in planning enforcement litigation. We appear regularly in the criminal courts in cases covering the spectrum of the offence-creating provisions of the Town and Country Planning Act and associated legislation.

We have conducted cases involving breaches of enforcement, stop and condition notices under the Town and Country Planning Act; demolition or works of alteration to Listed Buildings and buildings in Conservation Areas; control of advertisements infringements; breaches of Tree Preservation Orders and more.

We are able to advise as to the availability or applicability of statutory defences and as to the liability of company officers within a corporate structure.

Our expertise in confiscation perfectly complements this area of law given the significant increase in applications for confiscation being made by local authorities. Frequently we are instructed to appear for both the prosecution and defence in cases that have been committed to the Crown Court under s.70 of the Proceeds of Crime Act.

Whilst our primary expertise is in the criminal arena, we also appear before the Planning Inspectorate and in the High Court on applications for judicial review.

A selection of the cases in which we have appeared appears below:

  • Ali - breach of enforcement notice; confiscation order made in the sum of £1.4 million (the largest such order for planning related offences)
  • Michael Shanly Homes - breaches of Tree Preservation Orders at site of proposed development
  • Piers Rance - prosecution of property developer who demolished house in Conservation Area despite being informed CAC would not be granted. Highest fine on record for offence of this nature
  • Yousaf - breach of enforcement notice; argument as to statutory definition of ‘owner’
  • FL Trading Ltd - prosecution of company and director for carrying out works of alteration to the historic Regal Cinema in Kingston-upon-Thames
  • Barnard Marcus - estate agents’ boards; prohibition on display of advertisements