Thoughts on planning and related matters
November 19, 2012 Leave a comment
On 14th November 2012 the Supreme Court gave judgment in the case of R. v. Waya [2012] UKSC 51. A nine-Justice court delivered a majority decision, split 7-2. We’ll go through both the majority and dissenting minority decisions, but what the dissenting minority (Lord Phillips and Lord Reed) seem to think of the majority decision can be neatly summarised thus:
February 13, 2011 15 Comments
“Honesty is for the most part less profitable than dishonesty.” – Plato
We all wait with bated breath for the judgment of the Supreme Court on Read more of this post
February 5, 2011 5 Comments
So far we’ve seen how people who breach planning controls and make financial gains from those breaches can end up facing a significantly larger bill than they ever might have dreamed of (or have been advised about…).
But the client’s question “How much will this cost me?” doesn’t end with the assessment of Read more of this post
January 30, 2011 1 Comment
In this post we’ll look at answering the client’s (or defendant’s) favourite question: “how much will this actually cost me?” or, in the language of confiscation, calculating the recoverable amount. Our starting point is calculating what the defendant’s benefit has been Read more of this post
January 21, 2011 1 Comment
Confiscation kicks in following a criminal conviction – in planning enforcement this will most often be, although it is not limited to, breach of an enforcement notice. To understand how the Proceeds of Crime Act applies to breaches of planning control, we need first Read more of this post
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