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Planning & Environmental Law Solicitors

Enforcement Prosecution

Our experienced team of specialist Planning & Environmental Law solicitors, based in Reading and Henley-on-Thames, can advise you in relation to Enforcement Prosecution.

Representing you in life & business

Non-compliance with formal extant enforcement methods such as an Enforcement Notice, Stop Notice or Breach of Condition Notice is a criminal offence. The consequences of non-compliance of formal notices vary in terms of the sanction that can be imposed by Courts on a successful prosecution and the defences available to a defendant.

If a Local Planning Authorities successfully prosecutes a person under either offence in Section 179 of the 1990 Act the penalty will be a fine. There is no upper limit on the amount of the fine and in coming to a decision as to the quantum of the fine the Court shall have regard to any financial benefit that the Owner or person with control has obtained as a consequence of the offence.

If a prosecution results in conviction then the relevant Local Planning Authority can apply for a confiscation order under the Proceeds of Crime Act 2002. If a Confiscation Order is made it will require the defendant to pay the amount the Court determines the convicted defendant has benefitted from the offence.  Such applications by LPAs are increasingly common and if a Confiscation Order is made, the LPA is able to receive up to 37.5% of the receipts from any such Order- making it an attractive prospect for an LPA.

Specialist Advice

Our specialist planning lawyers can advise individuals and companies in respect of their obligations under extant Enforcement Notices to avoid prosecution in the first instance. Where enforcement prosecutions have commenced, we can advise on whether a statutory defence can be made out, or whether there have been any procedural errors undertaken by the prosecuting authority, including successfully defending enforcement prosecutions on the basis of an abuse of process arguments. We regularly provide advice on whether there are any mitigating factors that could result in a lesser fine, as well as advising on the Court process itself including preparation and service of the necessary Court documentation.

Please see further information on our team of Planning  Environmental Law solicitors and our full range of services.

Looking for expert legal advice?

Our Planning & Environmental Law Solicitors

For expert legal advice call our Planning & Environmental Law team
Reading 0118 951 6800 or Henley-on-Thames 01491 572 323

Karen Jones

Karen Jones

Partner, Planning & Environmental Law

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Victoria Charlesson

Victoria Charlesson

Associate Solicitor, Planning & Environmental Law

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Kayleigh Chapman

Kayleigh Chapman

Solicitor, Planning & Environmental Law

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Louise Low

Louise Low

Trainee Solicitor

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Why Choose Us?

LEADING REPUTATION

We are ranked among the UK's top 20 Planning Law firms and widely acknowledged as one of the Thames Valley’s leading firms of solicitors advising on Planning & Environmental law matters, with conveniently located offices in Reading, Henley-on-Thames and London.

APPROACHABLE SERVICE

Listening carefully to our clients’ needs and aims, we are committed to providing you with clear, practical, commercially focused and effective legal advice, a responsive and highly personal service and, crucially, value for money.

EXPERTISE AND EXPERIENCE

Highly experienced in acting for landowners, large and small; local and national developers, waste management companies, education providers and a wide range of businesses, you can trust in our significant expertise and experience.

RELATIONSHIPS WITH OTHER ADVISERS

Our established relationships and experience in working with lenders and other leading firms, including agents, surveyors and other solicitors, can help to minimise the likelihood and impact of any unforeseen issues or costly delays.

A JOINED UP APPROACH

We provide a comprehensive range of legal services to organisations, business owners and management teams, allowing you to manage both your private and commercial needs more effectively using a single law firm.

“More than holds its own against City planning teams.”