Guide to taking part in enforcement appeals

The Written Procedure

With this type of appeal, we only consider written evidence from the appellant, the LPA and anyone else who, like you, has an interest in the appeal. We cannot accept any form of taped evidence, as we cannot be sure that everyone involved has exactly the same version or the necessary equipment to play the tape.

Sending us your comments

If you want to make any comments on the alleged development we must receive them within the time limit given in your letter from the LPA telling you about the appeal. This is within six weeks of the date that we accept the appeal – we call this ‘the starting date’. If comments are sent outside the time limits, we will, except in extraordinary circumstances, return them unseen by the Inspector.

We will send copies of your letter or email to the appellant, the LPA and the Inspector. If we consider your letter or email contains racist or abusive comments, we will send it back to you before the Inspector or anyone else sees it. If you take out the racist or abusive comments, you can send your letter or email back to us. But, we must receive them back before the time limit ends.

If possible, please send us three copies of your letter. We will not acknowledge your correspondence unless you ask us to. If you would like a copy of the appeal decision you must ask for one in your letter or email.

The site visit

The Inspector will want to see the site involved in the appeal before making a decision. But, because everyone concerned has to make their case in writing, no discussion is allowed during the visit.

If the Inspector can see enough of the site from the road or public viewpoint, he or she will visit the site alone. If that is not possible, the appellant and the LPA’s representative will go with the Inspector.

There is normally no need for other people to take part in the site visit. However, if you own a property nearby and you want the Inspector to see the appeal site from your property, you should tell us this when you write to us. We will then tell you the date and time of the visit.

The Inspector will decide whether he or she needs to come onto your property. If so, the appellant or their representative and an LPA representative must come too. You will not be able to discuss the case, but you can point out relevant facts and features.

It is sometimes difficult to know what you are allowed to say, but here is an example.

Your neighbour has built an extension on his home, and you have written to tell us that this extension will overlook some of your windows.

You can say to the Inspector: ‘These are the windows I mentioned in my letter.’ But you must not say: ‘These windows are overlooked and this stops me from…’

After the site visit the Inspector writes the decision or sends a report to the Assembly.

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