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Low Fine for Breach of Planning Enforcement
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 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 £1000 was imposed.
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