Council secures fines for planning company over wilful obstruction of officers

A planning company, and its representative, have been fined for wilfully obstructing officers from Brentwood Borough Council in the course of their work, the local authority has revealed.

The council said Smart Planning was found guilty at Colchester Magistrates Court of wilful obstruction “by the act of another”, employee Paul Clarke, who was also ordered to pay £2,114.

The offence happened on 23 May 2016 at 53 High Street, Ingatestone.

Smart Planning was found guilty of a second charge of aiding, abetting, counselling or procuring another to wilfully obstruct a council officer at the Bull Inn on 5 April 2017.

For this offence Smart Planning and its principal director Russell Forde were each ordered to pay £1,368, Brentwood said.

The company’s client was also found guilty of wilfully obstructing an officer. He was fined £500 with a £50 victim surcharge and £135 cost.

The total bill Smart Planning and Forde must pay for both offences, as ordered by the court, came to £6,202.

Forde told Local Government Lawyer that in the Ingatestone case "it was a matter of documentary evidence that Paul Clarke acted on the direct instructions of the landowner's solicitor". The matter was being referred to the High Court, he added.

In the Bull case, Forde said the matter was "being referred to the Crown Court for re-trial".

Brentwood said Colchester Magistrates Court had praised its officers for offering “consistent, professional and credible” evidence.

Cllr Keith Parker, the authority’s Environment & Enforcement Committee Chair, said: “This sends out a clear message that Brentwood Borough Council will take legal action to protect staff against any business, and individuals, who wilfully attempt to obstruct our officers legally going about their work. Our staff are men and women who are experts in their field, and conduct themselves with the utmost professionalism.

“It is utterly unacceptable for anyone to intervene illegally in such matters and this ruling makes it abundantly clear that such behaviour will not be tolerated either by the local authority or indeed, the law.”

Cllr Keith Parker also highlighted how the bench had been "satisfied that at all times the LA officers were properly acting in the exercise of a lawful right of entry.”