I am being prosecuted for a listed building offence. The council prosecution officer did not 'caution' me on 2 of the 4 visits made to my property. Can I ask to have the offence dismissed in court on this basis. They also verbally threatened to have me charged with architectural theft and the same day brought a police officer to my home without the jurisdiction to do so. Please advise how I should proceed. Thanks
One of the offences is for moving the boiler flue without council appoval. The existing one was installed under 15cm from an opening window and therefore did not meet health and safety requirements for any boiler installation. The plumber moved it to meet with regulations. The rear wall itself had also undergone significant changes with council approval 10 years ago when a door was altered to a window and the boiler flue and a fan vent opening created. Can I ask for this item to be removed from the prosecution on the basis that it was a health and safety risk and that considering the wall was already recently significantly altered not obtaining council approval did not affect the architectural or historic significance of the building?
Optional Information: System of Law: England-and-Wales
The summons states "At some time between the 22nd April 2013 and the 17th october 2013 you did execute, or cause to be executed, works for the alteration of the Grade II listed building known as......., in a manner which affected its character as a building of special architectural interest by the removal of 3 fire surrounds and inserts, the removal of the staircase and the insertion of a new boiler vent, without having first obtained listed building consent from the local planning authoriy, contrary to Section 7 of the Planning (Listed Buildings and Conservation Areas) Act 1990. Such breach constitutes an offence by virtue of the Section 9(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990.
Is telling the court that the council enforcement officer threatened to have me charged with architectural theft for the removal of the staircase and then later that day, brought a police officer, who stated that he had told council that he did not have jurisdiction over the matter, but that council had insisted that he come, something that would be beneficial to the council not following due process. I wrote a letter of complaint to the council to which I received a general reply that they had acted appropriately.
Should I move for a dismissal, if they have failed to caution me 3 out of 4 visit to the property whilst the matter was under investigation. Also listed building consent was granted for the flue vent. Should I at the very least ask for this to be removed from the offences being prosecuted?
Does the trial date just require a plea to be entered? Can a dismissal application be made then instead of a plea or in addition to a plea?