Enforcement proceedings were commenced after the enforcement notice deadline expired without the required remedial works being completed. A magistrates’ court hearing was listed. The client had engaged with planning officers and received pre-application guidance indicating possible acceptability subject to modest reductions and additional reports, but had not completed the required submissions before the enforcement deadline.
Counsel was required to assess plea strategy, forum selection, and sentencing exposure while identifying procedural avenues to maximise time for compliance and avoid conviction. Key considerations included deploying expert evidence and correspondence to persuade the prosecutor to discontinue proceedings, and leveraging technicalities to secure delay or dismissal where appropriate.
Counsel recommended tactical non-attendance paired with prompt written engagement to secure time for technical submissions and negotiations. Practical steps included instructing consultants, preparing targeted court correspondence, and initiating without-prejudice discussions. The strategy prioritised remediation over litigation, preserved procedural leverage, and aimed to demonstrate achievable compliance to avoid conviction. Next steps involve progressing technical reports, securing planning agreement, and seeking prosecutorial confirmation once compliance is achieved.
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