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POCA in planning enforcement

Wednesday, 20 September 2017 at 9:00AM - 4:30PM
Prospero House (etc Venues), 241 Borough High St, London SE1 1GA
£349 for RTPI members (From £199 with a season ticket)
£199 for licentiate members and independent consultants; £140 for students, unemployed and retired; £449 for non-members. All prices exclude VAT
RTPI Conferences

Seeking confiscation orders under the Proceeds of Crime Act 2002 is an opportunity for local planning authorities to be at the forefront of protecting the physical environment by showing that planning crime does not pay. Local planning authorities are increasingly making use of the Proceeds of Crime Act 2002 to seek confiscation orders to deprive a criminal of the benefit he/she has received as a result of his/her planning crime.

This Briefing and Workshop aims to share best practice and ideas to assist in the process of confiscating the proceeds of planning crime.

The Home Office Asset Recovery Incentivisation Scheme offers the additional benefit that local authorities can retain up to 37.5% of the total confiscation order. Confiscation orders could therefore go some way towards making an enforcement service self-financing.

Benefits of attending

At the end of this event attendees will:

  • Gain the understanding and confidence to progress prosecutions with a view to seeking confiscation orders for planning offences
  • Recognise the benefits and pitfalls of confiscation order proceedings
  • Learn from the experiences of barristers and planning enforcement practitioners

Who should attend?

  • Enforcement officers
  • Development control staff
  • Solicitors both in local authorities and in private practice
  • Planning Consultants



9.00 Registration and coffee

9.30 Welcome and introduction

Izindi Visagie, Ivy Legal

9.40 Conducting prosecutions with POCA in mind

  • When to consider POCA
  • Instigating and investigating POCA proceedings
  • Important considerations when drawing up the indictment
  • Dealing with abuse of process arguments
  • Potential pitfalls

Estelle Dehon, Cornerstone Barristers

10.20 Specific planning breaches for POCA

  • Outline of the legislative provisions
  • The recoverable amount
  • Criminal lifestyle
  • How to negotiate
  • Maximising your return
  • Case studies

Annabel Graham Paul, Francis Taylor Building

11.00 Coffee and networking

11.20 POCA successes and lessons learnt

  • Sustain and grow your service through POCA income
  • Improve the reputation of your enforcement team
  • Where to start?
  • Picking your team
  • Think POCA from the outset of your investigation

Darran Eggleton, Planning Enforcement and Environment Manager, Ealing Borough Council

12.00 POCA in broader terms

  • POCA as part of a planning enforcement policy
  • Planning enforcement tools
  • Removing the profits of crime: POCA and sentencing

Richard Wald, 39 Essex Chambers

12.40 Questions and discussion

1.00 Lunch

2.00 Problems and pitfalls

  • An overview of the confiscation regime in planning prosecutions
  • Potential problems with confiscation and how to avoid them
  • Practical work-through examples of confiscation in planning prosecution cases

Scott Stemp, No5 Chambers

3.00 Prosecutions workshop

Led by Izindi Visagie, Ivy Legal

4.20 Closing comments from the chair

Izindi Visagie, Ivy Legal

4.30 Close