With over 1 in 3 marriages now ending in a divorce, more and more couples are thinking of entering into a pre-nuptial agreement than ever before. These agreements are usually associated with America or Europe but are becoming more common in the UK too. Now...
Delicatessen Pays Heavy Price for Flouting Planning Order
A company which flouted a council enforcement notice, requiring it to demolish an ‘ugly and imposing’ extension to a delicatessen after it was built without planning permission, has paid a heavy price for its ‘obdurate disobedience’.
The company had been granted permission for a single-storey extension in 2002. However, it erected a two-storey building which went well beyond that which had been permitted. The enforcement notice required it to remove the entire structure and an appeal to a Government planning inspector failed. However, a site visit in 2011 revealed that no attempt had been made to remove the structure.
Having been found guilty of breaching the enforcement notice, the company was fined £45,000 and ordered to pay £13,000 towards the costs of the prosecution. It was also found to have benefited from the offence and was hit with a bill for more than £10,000 under the Proceeds of Crime Act 2002.
The facts of the case emerged as the Court of Appeal reduced the fine to £25,000. In upholding the company’s appeal, the Court ruled, “We are persuaded that a fine of £45,000 in this case was out of line with previous decisions. This was not a case involving irreparable destruction but rather a case of obdurate disobedience over many years, with identifiable financial gain.”