A client from South London instructed Mr. Samuel Okoronkwo to advise on a planning enforcement matter concerning a listed property owned by A&M Property Construction. The client regained possession of the property in late 2017 following High Court proceedings against a family member who had previously made unauthorised alterations. The local authority issued an enforcement notice in 2015, and prosecution proceedings commenced in April 2024. The client was unaware of the hearing date due to illness and postal issues, and has since obtained a certificate from the council authorising religious use of the property, issued on 27 October 2024.
The client faces prosecution for breach of planning enforcement despite not being responsible for the original works. The property was closed between 2018 and 2020, and the client’s application for lawful use was delayed and lost by the council before being reissued. The client did not attend the April 2024 hearing due to hospitalisation and claims not to have received court correspondence. There is uncertainty regarding whether a conviction has already occurred in absentia. The client’s solicitor has been instructed to obtain clarity from the court regarding the current status of proceedings and any future hearing dates.
Counsel advised that enforcement breaches attach to the property, regardless of ownership history. While the client may not have been aware of the enforcement notice at the time of acquisition, he is now responsible for compliance. Counsel recommended submitting a detailed written explanation to the prosecuting authority outlining the timeline of events, including the recovery of the property, the client’s ill health, and the steps now being taken to comply. Emphasis was placed on cooperation over confrontation, with the aim of persuading the local authority to consider whether prosecution is in the public interest. Counsel remains instructed pending receipt of the certificate and further court correspondence.
Call us – Mon-Fri 8:30am – 6:30pm
+44 (0) 20 3034 0077
By submitting this form, I accept this website’s Privacy Policy