11/00713/F - Borough Council of King's Lynn & West Norfolk

maximum fine on summary conviction is £20,000. It is unlimited on conviction
on indictment. The section makes the financial gain from the breach a
relevant factor in the level of fine. There is no provision for imprisonment.
10.3 The previous successful prosecution of the occupier has not thus far resulted
in removal from the land of the park home, so further prosecution is unlikely to
resolve the breach of planning control.
Injunction
10.4 Section 187B of the 1990 Act provides that where a local planning authority
considers it necessary or expedient for any actual of apprehended breach of
planning control to be restrained they may apply to the High Court or the
County Court for an injunction. Such an application may be made to the court
in respect of the breach of the enforcement notice relating to the park home.
However, the court would have to be satisfied that the grant of an injunction to
force compliance would achieve the required outcome and the land would be
cleared. The size of the operation to clear the land, the costs involved and Mr
Wilson’s need to find alternative accommodation, along with the delay arising
from instituting proceedings in addition to the stated unlikelihood that the
occupier will be able to comply with key injunctive requirements may
persuade the courts that an injunction is not the most appropriate option.
Direct Action
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10.5 Section 178 provides for what has been called the "direct action route" for
enforcement.
"178(1) Where any steps required by an enforcement notice to be taken are
not taken within the period for compliance with the notice, the local planning
authority may (a) enter the land and take the steps; and (b) recover from the
person who is then the owner of the land any expenses reasonably incurred
by them in doing so."
10.6 The expediency of urgent direct action being taken, by reference to the
overarching considerations of PPG18 and Circular 10/97 Enforcing Planning
Control, which states it was seen as a swifter and more cost effective means
of remedying planning control" than prosecutions, which could prove time
consuming. In all the circumstances direct action is highly likely to be the only
practical option that will achieve the required outcome, which is to secure
compliance with the enforcement notice expediently.
10.7 There is a real possibility that without direct action being authorised and
implemented, it is unlikely that the occupier will remove the unauthorised
development, with or without further prompt. The prolonged negotiations on
the occupier voluntarily remedying the breach have highlighted that this is
likely to be the case.
10.8 In taking direct action the Council would be seen to be taking the appropriate
action and ensuring the unauthorised structure is removed from the land. In