Kevin Leigh has been a barrister since 1986, specialising in planning and property law with his own property development business. He also works with various charities as a trustee and advisor. His work areas include land development, boundary disputes, rights of way, trespass and nuisance, restrictive covenants, hedgerows, high hedges and trees, and reviewing local authorities’ conduct. He often appears at public inquiries, hearings on planning, enforcement appeals and development plan examinations. He acts in both criminal and civil courts concerning planning and land law cases.

Here Kevin very specifically presents on the criminal implications of breaches of planning law. He explains why breaching planning (and therefore dealing with the consequences) is not commercially sensible. He refers to planning enforcement processes and enforcement appeals, and when an offence is committed. He outlines available defences, highlighting relevant case law. He then goes on to outline penalties available to the prosecution, including new directions such as the use of the Proceeds of Crime Act 2002. He signals a broader scope beyond this presentation worth exploring: from the use of injunctions to power to do works.

Key words/topics:

Planning law

Planning control

Criminal law

Enforcement

General Permitted Development Order 2015 SI 2015/596

Section 55 of the Town and Country Planning Act 1990.

Enforcement appeals

R v Beard 1 PLR 64 at 71B

R (Moran) v Medway Council [2025] EWHC 350 (Admin)

Penalties

Proceeds of Crime Act 2002

Confiscation orders

Injunctions

Power to do works