Planning Contravention Notice Prosecution

Published on 24 January 2011

At Harlow Magistrates’ Court on 15 December 2010, James Harris was prosecuted by Epping Forest District Council for the offence of failing to respond to a planning contravention notice. The Magistrates found Mr Harris guilty. He was fined £270 and was ordered to pay £1,138.50 towards the prosecution costs.

Following investigations by Epping Forest District Council’s Planning Enforcement Officers, they became aware of the possibility that the site known as Riverfield, Ongar Road, Abridge may be being used for unauthorised residential purposes. Therefore on 18 May 2010 a Planning Contravention Notice was served on James Harris, the owner of the site requiring him to answer various questions in respect of the use of the land.

Mr Harris failed to answer the questions so the Council commenced with prosecution proceedings against him. Mr Harris pleaded not guilty. He admitted that he had received the form and that he had not returned it with the questions answered. The essence of his defence was that Epping Forest District Council did not have sufficient evidence to justify the service of the Notice on him and therefore he in turn was able to avail himself of the statutory defence of having a reasonable excuse for not responding to it.

Upon hearing evidence from one of the Council’s Planning Enforcement Officers, the Magistrates decided that the Council did have sufficient evidence to serve the notice and therefore Mr Harris was guilty of the offence of not responding to it.

James Harris told the Court that Riverfield is his postal address and that he was currently of no fixed abode. The Council will continue to monitor the site and seek the completion of the Planning Contravention Notice by Mr Harris.

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