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    Planning Enforcement

    Breaches of planning enforcement can result in Local Planning Authorities (LPA) applying for Confiscation Orders under the Proceeds of Crime Act 2002 (POCA) which gives them powers to confiscate any financial gains which are made as a result of the breach.

    As a barrister with over 15 years’ experience in criminal defence, I can advise and represent you of you are being prosecuted for breaching planning control and defend any recovery attempts made under POCA.

    When it comes to challenging confiscation proceedings related to planning enforcement, tactics and strategy are key.  I will work with you to put together a robust, persuasive argument, detailing why the benefit the Prosecution is claiming you obtained from the breach is flawed.

    In addition to committing to the sheer hard work required to get the best results for my clients, I have built trusted relationships with highly respected experts in the property development and planning fields who can act as persuasive and intelligent witnesses.

    Tanveer provided excellent help with my case from the very beginning and provided a very professional, high quality service. He was always available including after office hours to answer any questions and goes the extra mile to ensure a positive result. He is an outstanding barrister, I would definitely recommend him.

    Y Ahmed

    How do POCA proceedings relate to planning control breaches?

    If you are found liable for breaching planning controls, the LPA can issue an enforcement notice.  This notice will normally state you have to cease activities or take the necessary steps set out in the notice to rectify the breach. 

    Breaching planning control is not normally a criminal offence; however, if the breach continues despite the enforcement notice you and any other owners of the land and/or developers may be committing a crime.

    What is an example of an LPA bringing confiscation proceedings?

    The case of Del Basso & Another [2010] EWCA Cim 1119 illustrates how an LPA can claw back profits gained from non-compliance with a planning enforcement order.  The defendants ran a park and ride at Stansted Airport.  The land where the cars were parked did not have the required planning permission.  Despite being fined £20,000 each, the defendants continued to operate the park and ride.  The LPA brought a claim under POCA for the confiscation of the financial gain achieved in breach of planning control.  The Court ruled that £1.8 million in revenue had been made and £760,000 of this sum was available via a realisable asset.  The Court ordered one of the defendants to pay this.  The other had declared bankruptcy.

    This case demonstrates how crucial it is to have robust legal advice if POCA proceedings are brought against you.  I have the expertise and experience required to build a robust defence, taking the matter off your shoulders so you can focus on your business.

    Contact me on 07951 535 693 or email tanveer@tqlegal.co.uk.

    If you or your organisation is facing confiscation proceedings for planning control breaches, you must seek urgent legal advice.  I can be instructed directly or through a Solicitor.  My point of difference is that I have the tenacity and intelligence to immediately spot weaknesses in POCA cases and will use every strategic advantage to secure the best outcome for you.To discuss how I can directly advise and represent you in challenging planning enforcement confiscation proceedings, please contact me on 07487 550 525, or email tqureshi@4-5.co.uk.

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