A cash-strapped Labour council has been accused of cynically using anti-gangster laws to hit local firms with huge penalties for minor planning breaches.Targets of Lewisham Council in south London include a family-run restaurant facing a £2.5 million fine for fitting an extractor fan without permission, and an elderly builder's merchant pursued for £167,000 for storing bags of cement in a shipping container.Both businesses had previously been convicted of planning breaches -a technicality that gave officials the power to launch confiscation proceedings under the Proceeds of Crime Act.The legislation was introduced in 2002 to strip drug lords, money launderers and other serious criminals of their illicit profits by allowing authorities to recover any money gained from criminal conduct - and keep a significant share of it. But Lewisham, which last year overspent by £22million and now faces a £30million budget shortfall, has started using the legislation in planning disputes.They argue that firms convicted of breaching planning rules have financially benefited from operating without permission, allowing the borough to pursue large confiscation orders through the courts.The council's enforcement priorities were laid bare in a 2018 job advert for a 'Private Sector Housing Fraud and Intelligence Officer,' which stated that the successful candidate would be expected to 'ensure prosecutions are successful and maximise income for the borough in respect of proceeds of crime.'The human cost of its approach is now being felt by brothers Sahin and Ahmet Gok, who have run the much-loved Turkish restaurant Meze Mangal in Lewisham for more than 20 years. Sahin (right) and Ahmet (left) Gok have run the much-loved Turkish restaurant Meze Mangal in Lewisham for more than 20 years Kevin Bottomley, 74, (pictured) who ran KJ Building Supplies in Lewisham was hit with proceeds of crime fine of £167,000 for storing sand and cement in a shipping container adjoining his shop. He has since been given planning permission for itThe restaurant has long been a cornerstone of the local community and is even a favourite among council staff and executives - yet the brothers are now facing a £2.5 million Proceeds of Crime penalty over an extractor fan they installed after a new neighbour complained about cooking smells.Officials then pored over their accounts and claimed that every meal cooked while the extractor fan was on amounted to financial benefit from unlawful activity that could be clawed back under POCA.Their bank accounts were frozen and their passports seized after the council told a court they posed a 'flight risk', despite the fact they have lived in Britain since the early 1980s.The brothers have also started a GoFundMe campaign to fight the case, raising over £13,000 in less than a week.Sahin, 57, told The Daily Mail: 'It's absolutely disgusting what the Council are doing to us. We have had our passports taken from us, are not allowed to leave the country and anybody would think that we are international criminals or terrorists.'Ahmet, 59, added: 'All we've ever done since we came to this country in 1981 is work hard. We have never been in trouble with the law. We installed the extractor fan because we were trying to be good neighbours.'OK, we made a mistake not getting planning permission, but does that mean we should be fined under POCA? It's meant to be used against big time criminals, not honest citizens like us.'The £2.5million fine covers the period the restaurant has been in breach of planning laws for. The brothers are facing a £2.5million Proceeds of Crime penalty over an extractor fan they installed after a neighbour complained about cooking smells Mr Bottomley was fined £1,000 in January 2024 for breaching planning laws, but his POCA fine was dropped a year later after he challenged it in courtAhmet added: 'This unjust fine will bankrupt us and has left us totally devastated. Even if we sell the business, it will not raise enough to pay the £2.5 million the Council is demanding.'In 2014 they installed a large extractor fan and adjoining platform so that it can be accessed for servicing following a complaint from a neighbour about cooking smells wafting into their home.They applied for retrospective planning permission, but it was refused and an appeal was dismissed, prompting the council to begin legal action in 2019.In 2023, after being given just a day's notice to attend a hearing, they failed to appear in court and were automatically found guilty of breaching planning laws.Sahin said: 'Our mother died, our father was terminally ill, and we had a lot going on. We didn't deliberately try to avoid the court hearing but none of this was taken into consideration.'We have come up with a number of solutions to cover up the extractor fan, but these have all been rejected. This is nothing but a cynical attempt by the Council to try and extract money from us. We are just easy targets, it's as simple as that.'He added: 'This situation has caused both of us a lot of depression and anxiety. We can't sleep at night and don't look forward to coming to the restaurant any more with this fine hanging over us.'Kevin Bottomley, 74, who ran KJ Building Supplies in Lewisham was hit with proceeds of crime fine of £167,000 for storing sand and cement in a shipping container adjoining his shop. Mr Bottomley estimates that he spent £40,000 on legal fees fighting the Council while the Goks have already spent close to £50,000 Officials pored over the brothers' accounts and claimed that every meal cooked while the extractor fan was on amounted to financial benefit from unlawful activity that could be clawed back under POCA Kevin Bottomley ran KJ Building Supplies (pictured) in Lewisham Brothers Sahin and Ahmet Gok have run the much-loved Turkish restaurant Meze Mangal (pictured) in Lewisham for more than 20 years He said: 'The threat of this fine almost ruined my life. My wife and I were constantly stressed and anxious because I had no way of paying it and could have gone to prison.'Being treated like this was not nice at all. The Council are just going after low hanging fruit like me and the Goks to make some easy money because their finances are in such a mess.'Mr Bottomley was fined £1,000 in January 2024 for breaching planning laws, but his POCA fine was dropped a year later after he challenged it in court.Ironically, in the interim period he was granted planning permission for using the shipping container for storage. He has since given up running the business.He said: 'The whole thing has been a joke and a complete waste of time. I have always been a hardworking, law-abiding citizen so why was I being targeted by POCA?'The Council still ended up giving me planning permission but even though I didn't have to pay that ridiculous fine, I'm still left with a criminal record and that upsets me because I've never got in trouble with the law before.'Mr Bottomley estimates that he spent £40,000 on legal fees fighting the Council while the Goks have already spent close to £50,000.A preliminary hearing of their proceeds of crime case is due to be heard at Woolwich Crown Court later this month with the brothers preparing for a legal battle that could continue for another year.But Sahin admitted: 'Whatever the outcome, we are now seriously reconsidering the future of our restaurant. The stress of this situation has been too much, and our families don't want us to continue with it.'A Lewisham Council spokesperson said: 'This has been a long running case since neighbours complained about the smoke, noise and smells from the restaurant before 2018.'In 2019 the restaurant owners said they would remove the extraction system once their planning appeal had been dismissed. However, the restaurant continues to operate with the illegal extractor eight years after this case was opened.'The Proceeds of Crime Act (POCA) has arisen because they have been found guilty by the Court of a criminal offence. The Court ordered confiscation of passports because the defendants did not turn up at Court hearings. This was a matter for the Court and we had no involvement.'Similarly, the financial investigation and penalties are guided by the rules set out in the Proceeds of Crime Act and the decisions of the Court.'Our priority now is to ensure this matter is resolved as quickly as possible and we remain committed to working with the restaurant owners.'
Labour council uses gangs laws to hit firms with huge planning fines
Targets of Lewisham Council in south London include a family-run restaurant facing a £2.5 million fine for fitting an extractor fan without permission.






