Council obtains £33k confiscation order over unlawful car park in Green Belt

A district council has obtained a £33,600 confiscation order under the Proceeds of Crime Act 2002 after a car park was operated unlawfully in the Green Belt.

Jimmy Smith had operated the car park in a field adjacent to a conservation area since 2010. He charged motorists £3 per vehicle per day to park there and also formed a hard-surface on the land to improve the facility.

South Bucks District Council served enforcement notices, requiring him to cease use of the car park and to remove the hard-surfacing.. The defendant’s appeal to the Planning Inspectorate was rejected.

However, the defendant continued to run the car park, prompting the authority to bring criminal proceedings.

The defendant was convicted in the Magistrates’ Court, with the case then transferred to Aylesbury Crown Court for the confiscation proceedings.

Mr Smith was also fined £3,600 for three offences relating to the breach of the enforcement notices and ordered to pay South Bucks' legal costs of £9,000.

His Honour Judge Sheridan is reported to have said in his judgment: “The law is plain. Those who choose to run operations in disregard of planning enforcement requirements are at risk of having the gross receipts of their illegal businesses confiscated. In this respect they are in the same position as thieves, fraudsters and drug dealers.”

Cllr Roger Reed, portfolio holder for sustainable development, said: "South Bucks District Council takes its role as planning authority very seriously and has a dedicated team protecting the Green Belt. 

"This case has involved a lot of work and demonstrates that the council will not allow breaches of planning and is prepared to take robust action where necessary."

Hugh Flanagan of Cornerstone Barristers represented South Bucks.