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.

The defendant, who was also fined £3,600 and ordered to pay £10,000 in costs, had operated the car park in a field adjacent to a conservation area since 2010.

South Bucks District Council served enforcement notices over the change of use of the land. 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.

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.”

Hugh Flanagan of Cornerstone Barristers represented South Bucks.