Stop Notice and Enforcement Notice issued at Pondtail Wood
June 2, 2016
Investigation into unauthorised work at Pondtail Wood, West Sussex
The National Park Authority have today, 2 June 2016, issued a Stop Notice and Enforcement Notice to the owners of Pondtail Wood.
This requires that all importation and deposit of inert waste and engineering works stop with immediate effect and that all material must be removed and the land prepared for planting in accordance with the Forestry Commission’s restocking notice.
Enforcement Notice – Pondtail Wood
We are also working closely with the Environment Agency, who are investigating the importation of waste.
We understand that the local community are as frustrated as we are with the damage to the site and are grateful they alerted us to the situation.
What are the penalties for contravention of an Enforcement Notice?
It is an offence not to comply with an enforcement notice, once the period for compliance has elapsed, and there is no outstanding appeal.
A person guilty of an offence is liable, on summary conviction, to a fine currently not exceeding £20,000 or on conviction on indictment to an unlimited fine. In determining the amount of any fine, the Court is to have regard to any financial benefit which has been accrued or appears likely to accrue in consequence of the offence (Section 179 of the Town and Country Planning Act 1990). Therefore, prosecuting authorities should always be ready to give any available details about the proceeds resulting, or likely to result, from the offence, so that the Court may take them into account.
Where a local planning authority achieves a successful conviction for failure to comply with an enforcement notice, they can apply for a Confiscation Order, under the Proceeds of Crime Act 2002, to recover the financial benefit obtained through unauthorised development.
What are the penalties for contravention of a stop notice?
A person who contravenes a stop notice after a site notice has been displayed, or the stop notice has been served on them, is guilty of an offence (Section 187(1) of the Town and Country Planning Act 1990).
A person guilty of this offence is liable on summary conviction to a fine not exceeding £20,000 – and on conviction on indictment, to an unlimited fine. In determining the amount of fine imposed the Court is to have regard to any financial benefit which has accrued, or appears likely to accrue, in consequence of the offence.