Prosecutions
It is not the function of the Council to decide whether a person is guilty of a criminal offence, but to make an assessment about whether it is appropriate to present a case for the court to consider.
Prosecutions will be taken in consultation with the Council’s Head of Legal Services.
In the Magistrates’ Court the maximum fine upon conviction for failing to comply with an Enforcement Notice is £20,000 and a criminal record. The Crown Court can also confiscate any income derived from the non-compliance.
In support of a prosecution and/or direct action, the Council will seek an order to recover its costs.
Where there is evidence that the alleged offender has accrued significant financial benefit from the breach of planning control, the Council, in conjunction with a prosecution, will consider making a Court application, under the Proceeds of Crime Act 2002 (as amended), for the recovery of any financial gain.