Quentin secures reduction of over £440,000 in Planning Enforcement POCA case

HD Limited and their director Mr AB were prosecuted by Westminster City Council in respect of an allegation involving the failure to comply with a planning enforcement notice for a property in the Queen’s Park Estate Conservation Area in the North Paddington area of Westminster. A prosecution was commenced, and the defendants pleaded guilty to an offence of failure to comply with a planning enforcement notice contrary to s179 of the Town and Country Planning Act 1990.

Planning Enforcement Barrister Quentin Hunt was instructed by both the company and director on a direct public access basis to conduct the Sentencing and Proceeds of Crime Act 2002 proceedings. The terms of the Proceeds of Crime Act 2002 are draconian indeed and it is difficult to challenge many assumptions made in the legislation. Westminster City Council were initially seeking a sum of £864,060.95 in respect of the POCA figure, a very large amount of money.

Quentin set about challenging this figure and worked carefully with the clients and a firm of forensic accountants to reduce the figure dramatically. By the time Quentin had finished his work it was able to be demonstrated that the figure should be no more than £415,101.13, a saving to the client of over £440,000.

At the Court hearing at Southwark Crown Court a POCA order of £415,101.13 was made. In addition to this, Quentin was able to deploy substantial mitigation in the case, arguing that it would be wrong to fine either the company or the director a significant amount. This submission was accepted by the Court, and both were fined less than £10,000 which is significantly less than comparable fines in cases of this sort. Quentin was also able to successfully argue that the prosecution costs should be reduced by over £15,000.

Quentin Hunt is a specialist defence barrister who has considerable experience in dealing with planning enforcement and Proceeds of Crime Act cases. If you find yourself facing court action in respect of either planning enforcement or the Proceeds of Crime Act, it is never too early to gain specialist legal advice to protect your position as best as is possible. Quentin Hunt works on planning enforcement cases both through solicitors and directly with members of the public. If you find yourself needing specialist legal advice, please feel free to contact Quentin for a free no obligation discussion about your case.