Lewis v Three Rivers District Council (Rev 1)

Section 187(1) and (1A) of the Town and Country Planning Act 1990 permits multiple charges for separate contraventions of one Stop Notice, including contraventions occurring before any earlier conviction. The alternative methods of charging are by reference to a day or to a longer period. Where separate offences are charged, the court may impose a fine for each offence, provided that each individual fine remains within the statutory maximum. A defendant who pleaded guilty in the Magistrates’ Court may appeal to the Crown Court against sentence, but not conviction.

The appellant pleaded guilty at the Magistrates’ Court to six offences of contravening a Planning Stop Notice and was fined £3,500 for each offence. The Crown Court upheld the convictions and sentence, rejecting the argument that only one charge could cover the whole period before a first conviction.

The appellant brought a Case Stated appeal. The High Court considered whether the Crown Court had jurisdiction to entertain an appeal against conviction following the guilty pleas and, subject to that preliminary issue, the construction of section 187(1A) and the legality of the fines and sentencing approach.

1. Preliminary issue. Under section 108(1) of the Magistrates’ Courts Act 1980, a defendant who pleaded guilty could appeal to the Crown Court against sentence, but not conviction. The appellant therefore had no right to pursue question (i) as an appeal against conviction. The court declined to treat the matter as judicial review because the Magistrates’ Court had jurisdiction over all six charges.
2. Multiple charges. The court nevertheless expressed the view that section 187(1) and (1A) of the Town and Country Planning Act 1990 permits either a charge by reference to a day or a charge by reference to a longer period. A preceding conviction is not required before separate charges for further breaches are brought. The contrary construction would create periods in which later breaches could not be prosecuted and would produce an absurd result.
3. Fines and sentence. Where separate offences are charged, a separate fine may be imposed for each offence. The aggregate may exceed the £20,000 maximum applicable to one offence, provided that no individual fine exceeds that maximum. The Crown Court made no error concerning the statutory maximum, the appellant’s knowledge, his means, or credit for his guilty plea.
4. Question (i) was outside the High Court’s jurisdiction; question (ii) was answered in the affirmative; and questions (iii) to (vi) were answered in the negative.

• High Court (Administrative Court): considered a Case Stated appeal from the St Albans Crown Court’s decision of 19 December 2012. It declined jurisdiction over the appeal against conviction following the guilty pleas, but answered the remaining questions.
• St Albans Crown Court: upheld the six convictions and the total fine of £21,000.
• St Albans Magistrates’ Court: convicted the appellant of six offences and imposed a fine of £3,500 for each offence.