AG -v- ARD Ltd Huelin Putka and Robertson [2013] JRC 140 (19 July 2013)

AG -v- ARD Ltd Huelin Putka and Robertson [2013] JRC 140 (19 July 2013)

The defendants acted recklessly in failing to clarify and comply with planning and building law requirements before converting and letting the property for residential use. Aggregate fines are appropriate, divided between the company and directors, with costs to be borne by the company.

Citation
[2013] JRC 140
Parties
Defendant: [Company Name Not Provided]; Defendant/director: Mr Robertson; Defendant/director: Huelin; Defendant/director: Putka
Jurisdiction
Jersey
Judgment Date
19 July 2013
Procedural Posture
Criminal Prosecution for Planning and Building Law Breaches / Sentencing Judgment
Outcome
Conviction; fines and costs imposed
Legal Topics
Change of Use Without Consent, Failure to Obtain Building Bye Law Approval, Sentencing for Regulatory Offences
Planning Law Building Regulations Criminal Law Change of Use Without Consent Failure to Obtain Building Bye Law Approval Sentencing for Regulatory Offences

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Parties

[Company Name Not Provided]

Defendant

Mr Robertson

Defendant/director

Huelin

Defendant/director

Putka

Defendant/director

Procedural Posture

Criminal Prosecution for Planning and Building Law Breaches / Sentencing Judgment

Legal Issues

  1. 1 Whether the company and directors failed to obtain planning permission for change of use
  2. 2 Whether the company and directors failed to obtain Building Bye-Law approval before making the change of use
  3. 3 Appropriate fines and costs for breaches

Ratio Decidendi

The defendants acted recklessly in failing to clarify and comply with planning and building law requirements before converting and letting the property for residential use. Aggregate fines are appropriate, divided between the company and directors, with costs to be borne by the company.

Court Disposition

Conviction; fines and costs imposed

Orders

  • Company fined £20,000 (Count 1: £10,000; Count 2: £10,000), payable within one year, with Acte Enregistré to secure payment.
  • Each director fined £5,000 (Count 3: £2,500; Count 4: £2,500), with 3 months' imprisonment in default; Huelin and Putka to pay within 28 days, Robertson within 9 months.