Planning enforcement is the most complex and litigious part of the planning process. Effective enforcement is therefore essential to maintain the integrity of the whole planning process.
TRA’s workshop Ensuring Effective Enforcement: drafting the notice through to compliance aims to help develop participants’ knowledge and confidence so that they can draft an effective enforcement notice and be aware of the ways in which they can secure compliance if the notice is not complied with. Huntingdonshire District Council recently commissioned TRA to deliver this workshop on an in-house basis for the benefit of their officers.
This was a practical workshop which looked at:
- the elements of an enforcement notice and the grounds of appeal against it
- correctly defining the breach of planning control
- some of the issues surrounding the “immunity rules”
- drafting the notice so as to “proof” it, as far as possible, against the grounds of appeal
- invalidity and nullity
- defending the notice on appeal including the types of appeal/timetables; what is required in appeal statements, preparation for and appearance at Hearings/Inquiries as a witness and at Site Inspections
- the pros and cons of the options for securing compliance
- the elements of the offences for non-compliance with an enforcement notice; the process of prosecution for non-compliance; and the potential use of the Proceeds of Crime Act 2002 (POCA).
Referring to relevant case law and welcoming questions and concerns throughout, the workshop proved to be very popular with attendees:
- A really knowledgeable overview with a number of useful examples and level of detail manageable – insightful but not overwhelming. Karina Adams
- An excellent workshop that covered a good spectrum of subjects in good detail for me to build on. I really liked the use of examples to explain some of the trickier parts of the enforcement process. Good, clear delivery and experience and knowledge made the presentation flow well. Thank you! Andrea Dollard
- Extremely informative, well presented and helpful as always. Alison Twyford
- Fantastic and was beneficial to both planning and enforcement. Kerry Hampson
- Really insightful and helpful. Vivien presented really well and clearly has a thorough knowledge. Laura Fisher.
The training was delivered by Vivien Green, TRA Senior Associate and one of our most experienced presenters. If you think that your authority would benefit from an in-house session on Enforcement, please contact Angela Holmes directly with your requirements. Please note that we are happy to develop bespoke sessions where appropriate or tailor existing sessions to ensure that training fully meets with your exact requirements.