Criminal Planning Matters

Barristers act regularly in defending and prosecuting planning and listed building matters in the Magistrates Court, the Crown Court and the Court of Criminal Appeal. As part of the procedures in these cases, Landmark’s barristers advise on and have acted in confiscation proceedings under the Proceeds of Crime Act 2002.

Cases of note in the higher courts include:

  • R v Kohali [2016] 1 Cr App. R (S) 30 – dealing with the correct sentencing process in planning enforcement criminal cases involving Proceeds of Crime Act;
  • Newham LBC v Miah [2016] EWHC 1043 (Admin) – relating to the validity of an enforcement notice and its service at the prosecution stage;
  • R v Ahmed (Mohammed Kamal) [2014] EWCA Crim 1270 – in the Criminal Division of the Court of Appeal relating to offences committed after an enforcement notice has been complied with and whether the offence must be charged under s. 181 or can be charged under s.179 of the Town and Country Planning Act 1990;
  • Brent London Borough Council v Adilsons Ltd [2010] All E & R (D) 233 – a decision of the Divisional Court overturning the magistrates’ acquittal of an enforcement notice prosecution on the basis of section 180 of the Town and Country Planning Act 1990.
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