Planning Permission

Communities and Local Government written question – answered on 23rd June 2010.

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Photo of Jacob Rees-Mogg Jacob Rees-Mogg Conservative, North East Somerset

To ask the Secretary of State for Communities and Local Government what powers planning authorities have to penalise persons who have proceeded with unauthorised developments in circumstances where it has been established that the developer was aware of the applicable regulations.

Photo of Bob Neill Bob Neill The Parliamentary Under-Secretary of State for Communities and Local Government

Local planning authorities have a range of discretionary powers to deal with unauthorised development. Key among these is the issue of an enforcement notice, failure to comply with which is a criminal offence and may lead to prosecution in the courts. The penalty for non-compliance is a fine of up to £20,000 on summary conviction or an unlimited fine on conviction on indictment. In determining the amount of any fine to be imposed the court shall in particular have regard to any financial benefit which may have accrued or appears likely to accrue to the offender as a consequence of the offence.

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