Council wins confiscation order after breach of planning rules

Stratford-on-Avon District Council has successfully obtained a confiscation order under the Proceeds of Crime Act 2002 against all the five company directors of Summer Holdings Limited.

The District Council took action against Summer Holdings Limited and five directors after they failed to comply with an Enforcement Notice served in 2009 relating to unauthorised extensions to a slaughterhouse at Cank Farm in Tanworth-in-Arden.

The defendants appeared at Warwick Crown Court this week following guilty pleas against the non compliance with an Enforcement Notice.  An application for a Confiscation Order under the Proceeds of Crime Act 202 was made against the 5 directors of Summer Holdings Limited for £25,841.37 each.

The court ordered the defendants to pay the District council's full costs.  Three of the company directors and Summer Holdings Limited were also ordered to pay a fine of £6,500 each and the two remaining directors £500 each.

The court made the following comments: “This is a serious and persistent breach for commercial purposes.  It certainly shows overconfidence and disregard to comply with the requirements of the Notice."

Cllr Chris Williams, Chairman of Regulatory Committee says: “The planning enforcement process is a long-winded and complicated mechanism to take action against individuals or companies who continually elect to flout our planning regulations.

I am delighted that the determination of our officers to take action against such unlawful development has been recognised by the courts.  This is a first for Stratford District Council where a confiscation order has been made against individuals who had personally benefitted financially from breaking planning rules. 

It demonstrates that the District Council is determined to uphold the planning enforcement system in the District in order to ensure that our law-abiding residents enjoy peace of mind against any risk of unauthorised development and we will continue to take enforcement action against those that choose to cause harm and deliberately ignore the planning process."

The legal action taken by the District Council was a joint approach with the assistance of a Financial Investigator from Central Bedfordshire Council.