planning enforcement magistrates court summons (need urgent guidance)

[^woody^]

I've done a few planning applications

The outcome will always depend on the facts and the correct process and policy being followed, so that is why you need specialist advice. No-one here can say it will go one way or the other based on your post.

But you need to be contrite and look to work with the council. The court will listen to your valid reasons about your lack of engagement with the council's planners. You'll need to think about them.

The key thing, would be .... does the extension conform to planning policy, and would it be approved if applied for, or on appeal? If you think so, then you should be given the chance to reapply.

 

[jayb1970]

we have already had an appeal upheld against us

 

[jayb1970]

ive contacted a local company this morning and briefly explained the situation to them, they have said we might need a criminal lawyer as the imposed fine could be up to £20,000 as stated on the council letters sent. so might be better to get a lawyer?

the company i had contacted was http://www.iop-consulting.co.uk/

 

[jayb1970]

is it best to get a defence case made by a company? and maybe ask a solicitor friend to forward that as our case in court, or does it have to be a planning/criminal lawyer speaking in court? as it might be too hard to get a planning solicitor within a few days.

 

[^woody^]

Phone up a law firm, tell them that you need representation for a planning enforcement action, and they will advise you if they have that specialism or not.

But check you home insurance policy first, or speak with your insurers

Don't go through any company, as that will incur unnecessary costs. Unless the company can represent you directly.

 

[tony1851]

At this stage, you best bet may be to try for an adjournment. Tell them you have been ill/family illness/problems at work - anything - just to get time to get proper advice and representation.
Trying to represent yourself at this stage with no knowledge of proceedure and planning law will get you nowhere.
Did you do your own planning appeal?

 

[jayb1970]

The planning appeal was done via a company. Case officer said we should have won the case, but due to the poor Appeal case we had lost, hence dont want to use the same company again,

The extension is only 3 meters, whats the worst they can do?

If they fine me, does that close the case?

 

[jayb1970]

Also the court we are going to states on the website "areas of law covered" criminal, Not planning.

 

[tony1851]

If they fine me, does that close the case?

No - they can still get a court order to demolish it, at your expense.
Concentrate on possible reasons for getting an adjournment.

 

[jayb1970]

If they wanted to dimolish it wouldnt they have done that 2 years ago?

 

[tony1851]

From their point of view, they have given you sufficient time to comply with the enforcement notice.

 

[jayb1970]

But seriously its only a 3 meter extension, we have in the same street a community centre that goes back 5 meters, planning rules are shocking!

 

[tony1851]

Did the company you engaged to do the appeal against the EN put forward a good case?

 

[^woody^]

If the council are successful at court, you will be ordered to remove the extension by a certain date. You will also be fined, and a cost order will be made against you.

You won't get to keep the extension.

You won't get a criminal record though.

 

[jayb1970]

Ive been living in my area since ive been born, and never have heard of an extension coming down?

To do this dont they have to take me to a supreme court?