Defending Planning Law Prosecutions

Local councils and planning authorities have a number of tools and courses of action at their disposal which they can use if they believe that you, or your company, have breached planning law. Different breaches, different laws, and different types of action can all carry direct and indirect penalties, with fines of tens of thousands of pounds and the cost of undoing the work being a possibility in some instances.

By ensuring that you have a qualified legal representative it may be possible to appeal some decisions, although appeals are not always possible, and they will be able to help defend planning law prosecutions, which could make a big difference to the financial implication of the court decision. It is best to get a solicitor involved as soon as you are aware of a problem, and as well as defending you in court, they may be able to make alternative arrangements with planning authorities that minimise the cost to your organisation.

In a lot of cases, a Planning Contravention Notice is the first that a business or organisation will know of intended action. This notice requires that you answer a series of questions and provide details concerning the intended or ongoing work. Although the notice can appear straightforward, and the questions seem simple, it is essential that you submit them carefully and accurately in a bid to try and prevent any further action.

A Stop Notice may be presented and requires that you stop work either temporarily while an investigation is undertaken or permanently. Breaching this notice can lead to a considerable fine, of up to £20,000, or even more if the case is heard in the Crown Court.

You will receive an Enforcement Notice following a Stop Notice, and this will detail what terms you are accused of breaking, so that you can determine what action is required. It may be possible, in a limited number of cases, to appeal the decision in an Enforcement Notice.

The most serious action that can be taken for an alleged breach of planning law is prosecution in the courts. This is typically only taken when other notices and actions have failed, but if you or your company has been found guilty of this type of offence before, then prosecution may be more likely. Your solicitor can help build a defence and ensure that you have the best chance of the most desirable outcome following prosecution.

What To Do Now

As market leading solicitors for business and regulatory matters, Ashcott Solicitors are easy to contact and straight forward to deal with.

You will find us easy to talk to and we provide effective advice that will help you and your business navigate the ever changing regulatory maze. If you or your business is facing regulatory or professional infringements then we can help you secure the best possible result from your case.

We pride ourselves in fighting tooth and nail for our clients.

Ashcott Business Solicitors have offices in London and Manchester from where we can provide a nationwide service that is second to none. You can contact the London office direct on 0203 053 8625 and the Manchester office by calling 0161 234 0020. If you prefer you can send a confidential email email by clicking here.

We look forward to hearing from you.