Quentin Hunt achieves stay of proceedings and full costs in Planning Enforcement prosecution

Quentin Hunt, acted for a Mr IA on a Direct Access basis. IA was prosecuted by Slough Borough Council in respect of an alleged breach of a planning enforcement notice, contrary to s179 of the Town and Country Planning Act 1997. After two days of legal argument at Reading Crown Court, the prosecution against Mr IA was stayed by the Court as an abuse of process. The stay was granted on the basis that a combination of an inordinate delay, legitimate expectation and the appearance of an improper motive in prosecution meant that it would be an affront to justice to allow Slough Borough Council to continue to prosecute Mr IA.

Following the ruling of the Court, Quentin applied for wasted costs against the prosecution for the substantial costs incurred by Mr IA in his defence. This application was made under s19 of the Prosecution of Offences Act 1985. The Court allowed this application and costs against Slough Borough Council in favour of Mr IA were awarded in full.