Defending Enforcement Appeals
16 November 2026
Course runs from 9.30am to 4:00pm
Programme
Introduction & Context
Overview of enforcement appeal system
Role of the Planning Inspectorate (PINS)
Types of enforcement appeals
Key success/failure factors
Legal Grameowrk & Grounds of Appeal
s.172 & s.174 TCPA 1990 overview
Activity: Match scenarios to appeal grounds
Break mid-morning
Spotting Potential Problems with an Enforcement Notice
The core tests:
Clarity
Precision
Enforceability
Common vulnerabilities:
Misdescribed breach
Internal inconsistencies
Ambiguous requirements
Overly broad or imprecise steps
Failure to align allegation and requirements
Legal principles from case law (e.g. Murfitt, Wicks, Keenan)
How issues map onto appeal grounds:
Ground (b)/(c): factual errors
Ground (e): scope too wide
Ground (f): excessive steps
Activity:
- Diagnose defects in sample enforcement notices
- Group exercise: identify which grounds may succeed
Lunch break
Written evidence- assessing and responding
Burden of proof: LPA vs appellant (varies by ground)
Structuring statements
Defending against ground (d) immunity claims and ground (b)/(c) factual disputes
Procedure & Appeal Types
Appeal routes:
Written representations
Hearings
Inquiries
Timetable and deadlines
Rule 6 parties
Costs regime overview
Break mid-afternoon
Defending at Hearing/Inquiry
Build confidence in oral defence
Handle cross-examination and Inspector questions
Finish
Other available courses
Meet our trainers
Izindi Visagie
Izindi Visagie LLB, MBA, LARTPI is a solicitor who worked in the planning legal teams at Local Authorities at Bromley, Kensington and Chelsea and Harrow before setting up Ivy Legal. Izindi has a hands-on approach to client work, and is as experienced on an early morning raid as she is as advocate at public inquiry. Izindi’s experience within local authorities means that she fully understands the needs of her LPA clients and the subtle interaction of politics, policies, resourcing and legal requirements that bedevil planning enforcement.
Izindi is a past member of the RTPI's Education and Lifelong Learning Committee and is the London and South East Representative for NAPE, the RTPI's network group for Planning Enforcement.
Michael Hyde
Mike established his independent planning consultancy, MH Planning Associates, in 2009. Prior to this, from 2002, he worked at Loch Lomond and The Trossachs National Park Authority. As Enforcement Planning Officer he was initially tasked with the development of the newly formed authority's enforcement and monitoring function, which he went on to manage. He was subsequently seconded to the position of Planning Service Improvement Officer, with his responsibilities including the implementation of e-Planning and the provisions of the Planning etc. (Scotland) Act 2006. Mike now has over 35 years' planning experience in both development management and enforcement, he even tried planning policy for a short time! He began his planning journey at the Lake District National Park Authority and Eden District Council. Before discovering planning he had a eclectic range of jobs and other professional experience that he can now draw on includes structural and civil engineering, historic buildings and nature conservation, surveying and architecture. For over 10 years he delivered training through Trevor Roberts Associates, specialising on planning enforcement. He also ran the TRA Certificated Course on Planning Enforcement at Madingley Hall in Cambridge.
Ros Eastman
Ros discovered planning whilst at school through a friend's Dad who worked in Local Plans and thinks inspiring and leading planners is critical to the profession's future. Having avoided becoming a geography teacher, her career began 25 years ago in the private sector, based in Manchester and Leeds and specialising in commercial planning. A new job facilitated a move back to Devon and for 15 years she worked in policy and major projects before leading an LPA Development Management team.
In 2024 she established Eastman Planning Services and as well as undertaking consultancy work for private and public sector clients she enjoys delivering training with a focus on Development Management. Working for herself has enabled Ros to give back to the profession in other ways including being an APC Assessor and a member of the General Assembly and the Education and Lifelong learning committee of the RTPI.









