Rebecca Penfold concludes planning enforcement confiscation case

20 June 2019

Rebecca, instructed by the London Borough of Hillingdon, represented the prosecuting authority in a planning matter relating to breach of enforcement notice under the Town and Country Planning Act 1990. The defendant had illegally sub-divided her property in West London, and then rented out the various units in poor conditions, making a considerable profit. In sentencing the judge found a high level of culpability and harm, as this type of offending was rife in West London due to profit motive. Rebecca successfully argued that in relation to the confiscation order sought, the benefit figure should include all rental income from the entire unit, not merely the rent obtained from the sub-divided unit as contended by the defence.