NEWS

12 Jun 2014

Richard Barraclough QC and Emmaline Lambert successfully represent the London Borough of Newham in High Court planning enforcement case

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Richard Barraclough QC and Emmaline Lambert have successfully represented the London Borough of Newham in the High Court in a planning enforcement case that started in 2010. The judgment in Sanger and Sanger v London Borough of Newham [2014] EWHC 1922 (Admin) was handed down today and can be accessed here.

Further to a trial, the Defendants were convicted by Thames Magistrates’ Court in April 2012 and lost their appeals against conviction at Inner LondonCrown Court in March 2013. The decision of the Crown Court was case stated on 11 points all of which have been upheld.

The case now provides authority on what should be contained in a s.188 register, on the meaning of “service” of an enforcement notice and on when the offence under s.179 crystallises subject to “knowledge” defences. Richard Barraclough and Emmaline Lambert now continue to represent the Local Planning Authority in POCA proceedings against the Defendants.

In memoriam Peter Harrison QC, leading counsel for the Prosecution in the trials.