Plumbers let off after Planning prosecute them – for working for Planning!

Friday 22 May 2015

A plumbing firm prosecuted by the Planning department after doing work on their behalf has been let off £9,000 in fines and court costs.

Early last year, Kanetech Limited were convicted of 16 counts of breaking Planning laws for doing work without Planning permission – but on appeal, the Royal Court has now given them an absolute discharge, and said the case which started in 2012 shouldn’t have been brought to court in the first place.

The case revolves around the Energy Efficiency Service (EES), which was run by the Environment department to help low-income families save money on their energy bills. Kanetech did the work for 16 families, but without Planning officers from the Environment department giving permission for the work to go ahead.

The same Environment department that hired Kanetech then investigated and prosecuted them – despite the fact that other plumbers who did exactly the same thing were not charged, and despite the fact that the EES were in charge of the scheme, and have now changed the process so that they are responsible for getting Planning consent.

The Royal Court has ruled that the prosecution should never have been brought to court.

In a judgment on Kanetech’s appeal against their sentence, the Court ruled: “We consider that our view of the prosecution should be reflected by allowing the appeal against sentence.

”We quash the fines and substitute an absolute discharge in respect of each charge.  We also quash the order for payment of costs in the sum of £5,000."