NEWS

03 Jun 2015

Final costs and confiscation judgment given in Sanger

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In the most recent judgment in London Borough of Newham v Sanger, the sanctions for failing to comply with a planning enforcement notice have been given, with fines of £8,000 on each of the defendants and a further POCA amount of £80,000 being imposed on one of the defendants. The costs awarded totalled £85,000.

The case centred on the refusal of the defendants to comply with a planning enforcement notice requiring them to restore two separate flats to a single dwelling house.

The original High Court judgement in this case – [2014] EWHC 1922 (Admin) – was important because it clarified the date for the availability of the defence under s.179(7) of the Town and Country Planning Act 1990, the requirements for compliance with s.188 of the Town and Country Planning Act 1990 and the meaning of “service” in relation to a planning enforcement notice.

Richard Barraclough QC and Emmaline Lambert were representing the London Borough of Newham.

To view this new judgment given by HHJ Rowe QC on the 2nd June click here