Rory Gordon Secures Acquittal in Planning Enforcement Case

Rory’s client was charged by Slough Borough Council for failing to comply with an Enforcement Notice contrary to section 179(2) of the Town and Country Planning Act (‘TCPA’) 1990.

The case involved a newly built extension to a residential property, initially constructed with planning permission, but later converted into several individual living spaces which were then rented out.
Following Rory’s instruction in the matter, a psychologist was engaged to provide key evidence regarding the client’s mental health at the time of the Enforcement Notice.

After the trial, in which expert testimony was presented to the court, the bench found that a defence under section 179(3) TCPA 1990 was made out and that the defendant had done everything possible to comply with the Enforcement Notice but was genuinely unable to due to her mental state and other extenuating circumstances. The defendant was therefore acquitted of the single charge.
Prior to the defendant’s acquittal, the Local Authority had indicated their intention to commit the matter for proceedings under the Proceeds of Crime Act 2002.

Rory’s working proficiency in Mandarin and extensive experience in handling cases involving non-native speakers proved invaluable in ensuring the client’s understanding and participation throughout the proceedings.

Instructed and expertly assisted by James Ng and Michael Wu of Zhong Lun Law Firm.