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13 Feb 2017
Low Fine for Breach of Planning EnforcementTweet
On 10th February 2017 Stuart Jessop represented a landlord who faced a Local Authority prosecution for a breach of a planning enforcement notice under section 179 of the Town and Country Planning Act 1990. The breach occurred over a four year period and rent had been received over the entire period.
After successfully negotiating a reduction in the benefit figure for the proceedings under the Proceeds of Crime Act 2002, Stuart argued that the financial benefit, which the court should have regard to in sentencing (section 179(9) TCPA 1990), was already accounted for in the agreed confiscation figure, as per the case of R v Kohali.
Due to this and to the defendant’s means and poor health, a low fine of £1,000 was imposed.