- Sentencing and confiscation in prosecutions for breaches of planning enforcement notices (R v Roth)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Corporate Crime analysis: This case involved an appeal against a fine and a confiscation order following criminal proceedings for breach of an enforcement notice served under the Town and Country Planning Act 1990 (TCPA 1990). The appellant, Mr Roth, had converted a property into 12 self-contained flats without prior planning permission. His appeal against sentence was successful; insufficient credit had been given for his guilty plea in the Crown Court, where the case had been committed for the purposes of confiscation. The appeal against the confiscation order was advanced on three grounds: firstly, that the wording of the summons restricted the criminality to one day; secondly, that the rent received was not linked to the breach of the planning legislation; and thirdly, that it was disproportionate for the benefit figure to comprise the gross rental received. All three grounds were dismissed. Written by Sarah Wood, barrister at 5 St Andrew’s Hill.
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