Court of Appeal confirms penalties for Camden planning breach
On 19 December 2025, the Court of Appeal dismissed appeals by two Camden landlords who failed to comply with a planning enforcement notice originally issued against unauthorised substandard flats in 2010.
Joel Salem, aged 66 of Highview Gardens, Finchley and Judith Veronique Robinson-Dadoun, aged 58, formerly of Brampton Grove, Hendon were both previously found guilty on 16 June 2020 by a judge at Highbury Corner Magistrates’ Court, under section 179(2) of the Town and Country Planning Act 1990, for their failure to comply with an Enforcement Notice for the property at 52 Fortune Green Road in 2020.
In February 2024, they were successfully prosecuted and ordered to pay a fine and full costs.
This was a complex and long running planning enforcement case. The dismissal by the Court of Appeal has reiterated that we will not accept substandard accommodation and that we will always strongly pursue the breach of planning enforcement notices for as long as it takes.
These developers, sought to make as much money as possible from residents living in poor quality accommodation. We will not accept this sort of behaviour, and this sends a strong message to other landlords and building owners. You need to comply with planning rules, and we will stand with our residents who deserve safe, good quality homes.
The appellants converted a property into seven flats, despite permission for only four, and continued to let them for years after enforcement action began. Both were convicted under section 179 of the Town and Country Planning Act 1990.
The judge upheld the previous penalties of £262,500 fine and £185,258.73 costs for Joel Salem and a £70,000 fine and £61,752.91 costs for Judith Robinson-Dadoun. Earlier confiscation orders were also confirmed. The appeal was dismissed in full, leaving all fines and costs unchanged.
Lord Justice Fraser described Salem’s conduct as “egregious”, adding:
“Planning enforcement exists to protect tenants from exploitation. These defendants ignored repeated warnings and continued to profit from unlawful lettings over many years.”
The Court rejected arguments that fines were excessive or that the Crown Court lacked power to impose unlimited penalties. Lord Justice Fraser commented:
“The powers of the Crown Court were not limited to those of the Magistrates’ Court. The fines imposed were proportionate given the deliberate and prolonged breaches.”
On costs, the Court noted the appellants’ attempts to conceal assets and delay proceedings. Lord Justice Fraser concluded:
“The very significant costs arose as a direct result of the defendants’ conduct. It would be wholly wrong for Camden’s taxpayers to bear that burden.”
- Following an investigation by the Council’s Planning Department between 2009 and 2010, an Enforcement Notice was served on 6 October 2010, and this was due to be complied with on 18 May 2011. The defendants were required to comply by 17 May 2011. The defendants failed to comply, ignoring repeated written warnings as to the potential consequences. Summonses were served on the defendants on 5 October 2018, alleging that the defendants had acted unlawfully between 19 May 2011 and 7 June 2018. The defendants continued to receive rents until the property was sold, on 29 April 2021.
- The reason for taking enforcement action was summed up within the Notice as follows. The residential units by reason of their size in terms of bedroom numbers and floorspace figured do not provide a suitable mix of residential accommodation to meet housing needs within the Borough or an acceptable standard of living accommodation, contrary to the requirements of policies SD6 (Amenity for occupiers and neighbours), H1 (New Housing) and H8 (Mix of units) of the London Borough of Camden Unitary Development Plan (2006) and residential development standards (Space and room sizes) of the Camden Planning Guidance (2006).