Quentin’s negotiations with Council ensure no prosecution in Planning Enforcement case.

Brent Council issued a planning enforcement notice against a building owned by SP in 2012. The notice was issued under section 172 of the Town and Country Planning Act 1990 due to the unauthorized use of an outbuilding as residential accommodation and an unauthorized extension to the rear of the property. SA appealed against the imposition of the enforcement notice under s174 of the Town and Country Planning Act 1990, but the appeal was rejected. For nearly a decade the enforcement notice was not complied with until in late 2022 the Local Authority served notice on SA that they were considering a prosecution for breach under s179 of the Act.

SA was obviously very concerned about the prospects of prosecution and contacted Quentin Hunt, a criminal defence barrister who specialises in dealing with Planning Enforcement matters. Quentin acted as counsel under the direct public access scheme.

Upon instruction Quentin started a proactive campaign with the Council to try to ensure that no prosecution occurred, this involved active participation in remedial work decisions, and liaison with and representations to the Council on a regular basis. Through this process Quentin ensured that the demands of the Council were thoroughly met and crucially ensured that no further breach occurred.

Due to the proactive and positive approach adopted, and even though they held overwhelming evidence that a criminal offence had taken place, the council made a decision that they would not launch a prosecution against SA. The case was therefore closed, and SA did not face criminal proceedings, much to their relief!

 If you have an extant planning enforcement notice that you are concerned about, or if you face a criminal investigation in respect of planning enforcement matters, you may wish to ensure that you have efficient and experienced representation.

Quentin Hunt is a specialist Planning Enforcement Lawyer who accepts instructions either through solicitors or directly from members of the public or companies. He has vast experience in engagement with local authorities with the aim of ensuring that his clients do not face criminal charges. You may Contact Quentin for a free, no obligation discussion about your case.