Investigation & Enforcement for Planning Officers

Key Learning Points:

• Manage a prosecution case from start to finish,
• Relevant legislation and procedures,
• Powers and offences,
• Issuing enforcement notices,
• Rules of evidence and admissible evidence,
• Best practice in statement/report writing,
• Give confident evidence in Court,
• Deal with difficult cross examination.

Module 1: Planning and Development Act 2000

On completion of this module all planning officers will understand:

• Powers of Authorised Officers
• Methods of Enforcement under the Act
• Enforcement Notices
• Section 46 Notices
• Section 59 Notices
• Section 60 Notices
• Section 88 Notices

Along with Criminal Prosecutions:

• Summary and Indictable Offences and Penalties
• Reverse Onus Clause
• Offences by Companies

Injunctions:

• Section 160 Injunctions
• Costs/Polluter pays principal
• What factors the Court may take into account

Judicial Review Proceedings:

• What can be judicially reviewed
• What time limits apply
• When will the Court grant leave
• Case Law re substantial ground/interest

Module 2: Law, Evidence, Procedure and Best Practice

On completion of this module Planning Officers will:

• Understand the need for consistency of approach in enforcement procedure
• Recognise different types of evidence, including, oral, documentary, hearsay, circumstantial and real evidence, which includes use of notebooks, photographs, and maps as evidence
• Distinguish between facts, inferences and opinions
• Follow best practice in evidence gathering procedure
• Consider the rules of evidence and admissibility of evidence
• Have an understanding of our legal system, court system and criminal prosecution procedure both summary and indictable.
• Follow guidelines in relation to the procedure required in case preparation

Module 3: Excellence in Written Evidence

On completion of this module, delegates will be able to:

• Create, maintain and enhance best practice standards in note taking and maintenance of officers’ notebooks
• Create, maintain and enhance best practice standards in statement writing including cautioning in accordance with the Judges Rules
• Consider and follow best practice in both investigation and prosecution report writing, to include analysis of model report formats

Module 4: Giving Effective Evidence

On completion of this module delegates will be able to:

• Understand summary and indictable trial procedure
• Consider the process of giving evidence and how best to prepare
• Appreciate the differences between examination-in-chief, cross-examination and re-examination
• Consider the techniques used by lawyers in cross-examination
• Analyse how to handle cross-examination, in particular getting across the whole truth
• Experience cross-examination in the witness box, and receive feedback based on assessment criteria, covering content, structure and presentation

Benefits of the training:

Planning officers will:

• Gain a clear understanding of their powers
• Get practical guidance on how to draft notes, statements and reports
• Issue enforcement notices

All in accordance with best practice standards

Planning officers will also:

• Gain skills in collecting evidence
• Gain a thorough understanding of the rules of evidence ensuring the evidence they collect is admissible.
• Learn through interaction with colleagues
• Learn best practice from qualified lawyers

As part of the final module delegates will learn how to:

• Give clear confident testimony in court,
• Deliver the evidence in the best way possible
• Defend the evidence presented under difficult cross examination