Guide to taking part in advertisement appeals
8 Hearing procedure
8.1 Hearings allow you and the council to exchange views and discuss
your
appeal. We will speak to you and the council to find a suitable date for
a
hearing. We expect you and the council to accept any reasonable date we
offer unless there are exceptional reasons why you cannot do this.
8.2 Before the hearing the council should send a copy of their statement
to
us as well as to you. You can comment on their statement in writing.
Otherwise we will treat the reasons given in your appeal form as the
basis of your case for discussion.
8.3 Hearings are usually held in council offices. In some cases they
are held
close to the appeal site, for example a village hall or community centre.
They normally start at 10 am. Most last about two hours.
8.4 Our Inspector leads the discussion and invites the people involved
to put
their points across. This is carried out in an orderly, but informal way,
without the need for cross examination or legal representation. Generally
there is no need for you to have a professional person to represent you.
8.5 A hearing generally follows the pattern shown below.
- Opening the hearing, our Inspector will say what the appeal is about
and explain the proceedings.
- You will be asked to put forward your case. The council may then
ask you questions about your proposals.
- The council will be asked to present their case, which will be based
on their statement. You may then question them if you need to do
this.
- Based on what you have heard, you will then have the chance to sum
up your argument.
- Either you or the council may feel that money has been wasted by the
other’s unreasonable behaviour during the appeal. This is the
time,
before the hearing proceedings are finished, to apply to our Inspector
for costs to get back any wasted money.
Our Inspector will visit the site before the hearing. Either you or
the
council may ask to visit the site again with our Inspector. This will
only
happen if you and the council can go together. In some cases, our
Inspector will suggest that some issues could be discussed on site. The
visit will allow you to point out features of the proposal and site.
Disabled people
We want all hearings to be held in buildings which give proper facilities
for disabled people. The council usually chooses and provides the
accommodation and we have asked them to pay particular attention to the
needs of disabled people. If you are disabled or anyone you know wants
to
go to the hearing is disabled, contact the council to confirm they can
make
proper arrangements such as parking spaces, access, seating
arrangements and so on.
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