Planning Enforcement Notices

We hear from our friends at Burgess Salmon (www.burgess-salmon.com) of a ruling by the Court of Appeal which means there are potential additional penalties awaiting those who persistently flout the requirements of Local Authority Enforcement Notices. The case in question concerns the operation of an airport park and ride scheme with no planning permission. Despite the serving of an enforcement notice, an unsucessful appeal against it and two sucessful prosecutions for failure to comply, the park and ride scheme continued in operation for several years. The Court of Appeal confirmed that the Proceeds of Crime Act 2002 (POCA) could be applied to any benefit against those who consistently refuse to comply with the requirements of enforcement notices. The Court of Appeal upheld confiscation orders made by the Crown Court against the operators, even though it was determined that the operators did not derive any personal gain from the endeavour. It was determined that what happened to the benefit after it was obtained did not form part of the statutory test. A warning indeed!