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  • Can the Proceeds of Crime Act 2002 be used in planning enforcement cases?

 

  • Absolutely. Here are a few examples where Councils have successfully obtained confiscation orders for the proceeds an offender has obtained as a result of his criminal conduct:

 

  • Hounslow Council in February 2010 obtained a confiscation order for c.£180k for flat conversions.

  • In June 2010 Bishop Stortford Council obtained a confiscation order for £760k for a park and ride facility.

  • Bexley Council in May 2011 originally obtained a confiscation order for c.£180k for proceeds from the sale of cars from the defendant's home but this was then reduced to £3k.

  • Richmond Council in November 2011 obtained a confiscation order for c.£110k against a defendant for converting 3 houses into 16 flats

  • Brent & Harrow in September 2012 obtained a confiscation order for £1.4m for converting a single house into flats.

  • Runnymede in September 2012 obtained a confiscation order for £250k for using green belt land for commercial purposes.

  • In January 2013 South Bucks DC obtained a confiscation order for c.£33k for unlawful operation of a car park in the Green Belt.

  • Ealing Council in August 2013 obtained a £11k confiscation order for the illegal use of an outhouse building as rental property.

  • Borough of Poole prosecuted for the felling of a tree protected by a TPO. Defendant was fined £75k and a confiscation order was made in the amount of £50k. Upheld on appeal in June 2013.

  • In October 2013 Barnet Council obtained a confiscation order in the amount of £75k for converting 2 houses into flats.

  • In December 2013 Haringey Council obtained a confiscation order for £310k against a landlord who unlawfully rented out his property as a House in Multiple Occupation. The defendant was also ordered to pay the Council's costs of £12k.

 

 

 

 

 

 

 

  • Why should a Council consider a proceeds of crime strategy?

 

  • If successful, confiscation deprives a criminal of ill gotten gains

  • It ensures that crime doesn't pay and is not seen to pay

  • It helps meet the expectations of legitimate businesses and consumers

 

 

 

 

  • How can a Council justify additional spend on pursuing a proceeds of crime strategy in light of budget cuts?

 

  • If confiscation orders are successful, a Council can recover up to 37.5% of the confiscated amount. Only a small number of POCA cases are needed to ensure that Planning Enforcement is entirely self-funded.

 

 

 

  • Where does Ivy Legal fit in?

 

  • The service could include as much or as little as is required by a local authority. We can develop a strategy for effective use of the Proceeds of Crime Act 2002 and then also carry out the strategy to ensure that the Enforcement service is eventually self-funded.  We can do investigations, drafting reports for authorisation, successfully prosecute, and obtain Confiscation Orders from the Crown Court.

 

  • Our aim is to ensure that Planning Enforcement is carried out as efficiently as possible so as to act as a disincentive for would-be offenders, thereby reducing the need for future planning enforcement.

 

 

See also general Q&A

Q&A on using the Proceeds of Crime Act 2002

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