Discharge for client in planning enforcement prosecution

Quentin was briefed to represent Mr HC, an individual who was accused of breaching a planning enforcement notice contrary to s179 of the Town and Country Planning Act 1990. HC was prosecuted by Wandsworth District Council for failure to comply with an enforcement notice which required the removal of an extension to his house that had been constructed without the relevant planning permission. He accepted that he had been served with the notice and did not comply with it. At the time of the prosecution the extension was still in existence.

HC appeared before the Highbury Corner Magistrates Court in respect of this matter. He was unable to avail himself of any of the statutory defences available in order to defend such a charge and therefore entered a guilty plea. Quentin was able to marshal and present a large body of mitigation on behalf of his client and urged the Court to discharge his client so as to avoid the client getting a ‘conviction’ for the purposes of personal and business database disclosures. Upon consideration of the case and the mitigation put forward by Quentin, the Court decided to discharge his client and in considering an application for costs by the prosecution ordered a sum of one third the amount applied for. As Quentin’s client was a professional individual the maintenance of his character was vital for business and travel purposes.

Quentin Hunt is a Criminal Barrister with vast experience in Planning Enforcement cases, acting for individuals and companies who require representation when investigated and prosecuted by often overzealous Local Authorities. If you are under investigation or face prosecution for such a matter you may contact Quentin for a no obligation discussion about your case.