Formal cautions - Public forum - Planning Advisory Service (PAS)

We've used a formal caution in one instance with relation to an estate agent sign prosecution, so a fairly minor matter. The company in question advised they wanted to avoid going to court, so as it was a first offence, we offered them a formal caution. They were required to pay the council's costs incurred to that point, and then come in and read out loud a statement accepting the caution. They then acknowledge that in the event of a further prosecution that this matter will be revealed to the courts. Our legal department set up the documents for us.

Thanks David. That's most useful.

You may have seen the recent case in the press and on tv regarding an unauthorised wall in Fleetwood. The owners finally realised the serious implications of not complying with an Enforcement Notice on their first appearance at court and the case was adjourned as they had no legal representation. Meanwhile they carried out the works (with the exception of some painting work required by the Notice )and we are in the process of issuing a caution, again prepared by our legal team, whereby they are required to pay a portion toward the cost of the case and agree to carry out the remaining works. If they do not carry out the works in full by Jan 5th we are back in court on 9th and intend to continue with prosecution. Charlotte Parkinson

We regulary issue cautions to people who have carried out unauthorised works to protected trees, where the work is not so damaging that we want to prosecute. It can act as a deterrent to further unauthorised work and the cautions can be produced in court if further offences are committed.