Lewis v Three Rivers District Council (Rev 1)

Lewis v Three Rivers District Council (Rev 1)

The court held that section 187(1A) of the Town & Country Planning Act 1990 permits a prosecuting authority to bring multiple charges for repeated breaches of a single Stop Notice, and that the statutory maximum fine applies per offence, not in aggregate. The appellant, having pleaded guilty, had no right to appeal conviction to the Crown Court. The Crown Court did not err in its approach to sentencing, knowledge, means, or credit for guilty plea.

Parties
Appellant: David Lewis; Respondent: Three Rivers District Council
Jurisdiction
England and Wales
Judgment Date
24 October 2013
Procedural Posture
Appeal by Way of Case Stated / Judgment on Appeal From Crown Court Decision
Outcome
Appeal dismissed for lack of jurisdiction; questions (ii) answered in the affirmative, (iii)-(vi) in the negative.
Legal Topics
Contravention of Stop Notice, Multiplicity of Charges, Sentencing Limits, Appeal Rights After Guilty Plea
Criminal Law Planning Law Contravention of Stop Notice Multiplicity of Charges Sentencing Limits Appeal Rights After Guilty Plea

Case Brief

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Parties

David Lewis

Appellant

Three Rivers District Council

Respondent

Procedural Posture

Appeal by Way of Case Stated / Judgment on Appeal From Crown Court Decision

Legal Issues

  1. 1 Whether multiple charges can be brought for repeated breaches of a single Stop Notice under section 187(1A) of the Town & Country Planning Act 1990
  2. 2 Whether total fines for multiple offences can exceed the statutory maximum for a single offence
  3. 3 Whether the Crown Court erred in its approach to sentencing, knowledge of the Stop Notice, consideration of means, and credit for guilty plea

Ratio Decidendi

The court held that section 187(1A) of the Town & Country Planning Act 1990 permits a prosecuting authority to bring multiple charges for repeated breaches of a single Stop Notice, and that the statutory maximum fine applies per offence, not in aggregate. The appellant, having pleaded guilty, had no right to appeal conviction to the Crown Court. The Crown Court did not err in its approach to sentencing, knowledge, means, or credit for guilty plea.

Court Disposition

Appeal dismissed for lack of jurisdiction; questions (ii) answered in the affirmative, (iii)-(vi) in the negative.