Enforcement Notice Prosecutions

Failure to comply with an enforcement notice is a criminal offence. Local authorities are able to bring prosecution actions in the local Magistrates’ Court or, in more important cases, the Crown Court. As well as leaving the planning offender with a criminal record, a successful prosecution can result in a fine, compensation and, in appropriate cases, a POCA confiscation order.

Ivy Legal can conduct pre-action reviews of cases. We can consider the strength of your evidence, and suggest ways of obtaining more evidence, as well as ensuring that procedural aspects are rock solid before any action is attempted. We can handle the prosecution in-house, preparing and serving the paperwork, and our experienced trial advocates can present cases forcefully before the courts. While others typically employ junior barristers instructed shortly before a hearing, our case management system ensures that those who are to present the prosecution are fully involved from case review onwards.
Prosecutions are the gateway to Proceeds of Crime Act (POCA) Confiscation Orders. Local authorities can recover significant sums under confiscation orders, certainly well beyond the costs of prosecution. Ivy Legal can assess the suitability of cases for confiscation, and seek orders on the local authority’s behalf. We handle all aspects of the process, liaising with Accredited Financial Investigators (AFIs) to assess means, preparing the application and either presenting it or negotiating a settlement for the local authority. We have a number of experienced AFIs with whom we work closely.

Ivy Legal can manage the entire prosecution and POCA process for your Council. For further information, please contact us.
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Guide to POCA confiscation proceedings

  • Conviction of the defendant for a planning crime. Work on the preparation of the prosecutor's statement of information should begin long before conviction.
  • Prosecutor asks the Court to proceed under section 6 of POCA.
  • Prosecutor provides a statement of information in accordance with section 16 of POCA.
  • The Crown identifies within the statement of information whether the case is a particular or general criminal conduct matter - If it is a general criminal conduct matter or a lifestyle offence, the assumptions in section of 10 of POCA will apply. If it is a particular criminal conduct matter, they will not.
  • The Court requires the defendant to respond to the statement of information within a specified time period pursuant to section 17 of POCA.
  • The prosecutor may serve a further statement of information at any time. The court may order the defendant to provide further specified information.
  • The court may postpone confiscation proceedings and sentence the defendant pursuant to section 14 of POCA - The maximum period of postponement is two years unless there are exceptional circumstances.
  • The court may sentence the defendant if it is proceeding under section 6, prior to making the confiscation order. There is no requirement to complete the proceedings within a particular period, or before sentence.

Top 10 POCA Cases

A number of local authorities have been very successful in securing large confiscation orders for planning offences. We have compiled our own list of 'Top 10 POCA in Planning cases'. If you know of a POCA award that should go on this list, please let us know.
Local Authority – Ealing Council
Confiscation Amount - £4,310,311
Date – August 2017
Breach – Change of use of outbuilding to dwelling, and main house into flats
Local Authority – Bishop’s Stortford Council
Confiscation Amount – £760,000
Date – May 2010
Breach – Change of use of land for a park and ride scheme

Local Authority – Brent Council
Confiscation Amount – £544,358
Date – July 2014
Breach – Change of use to 12 flats

Local Authority – Ealing Council
Confiscation Amount – £447,552
Date – November 2018
Breach – Construction of two outbuildings to use as dwellings
Local Authority – Haringey Council
Confiscation Amount – £310,000
Date – January 2014
Breach – Change of use to flats at several properties
Local Authority – Brent Council
Confiscation Amount – £1,483,440
Date – November 2018
Breach - Change of use of house to eight flats

Local Authority – Brent Council
Confiscation Amount – £555,954
Date – January 2018
Breach – Change of use to nine flats

Local Authority – Brent Council
Confiscation Amount – £494,314
Date – June 2013
Breach – Change of use from one shop and one flat to nine flats
Local Authority – Brent Council
Confiscation Amount – £322,282
Date – December 2018
Breach – Change of use to flats at two properties

Local Authority – Haringey Council
Confiscation Amount – £310,000
Date – January 2014
Breach – Change of use to flats at several properties

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