Discharge and Other Consents - appeal procedure guide

Other Points

WITHDRAWAL OF APPEALS

30. An appellant may withdraw the appeal at any time, as long as written confirmation is sent to the Inspectorate and a copy to the Agency.

ASSESSORS

32. Exceptionally, in some inquiry cases an assessor may be appointed by the Planning Inspectorate on behalf of the National Assembly for Wales, to advise the Inspector on specific technical issues. The assessor will sit alongside the Inspector and consider the representations made. The assessor will write a report to the Inspector, the contents of which will be made public (unless issues of confidentiality are involved) when a decision is issued.

33. Where an assessor is appointed, everyone entitled to appear at the inquiry will be notified of the assessor’s name and matters on which he or she is to advise the Inspector.

COSTS

34. You and the Agency will normally have to pay your own expenses for an appeal. However, if the appeal is to be decided by a hearing or an inquiry, you can ask that the Agency be ordered to pay all or part of your costs. The Agency has the same right to ask you to pay some or all of their costs.

35. Applications for costs are normally heard towards the end of the proceedings and will only be allowed if the party claiming the costs can show that the other side behaved unreasonably and put them to unnecessary expense.

COMPLAINTS AGAINST THE DECISION

36. Once the decision notice has been sent to you by the National Assembly for Wales the decision is final. The National Assembly for Wales can no longer consider further representations or make any further comments on the merits or otherwise of the case.

COMPLAINTS ABOUT THE PLANNING INSPECTORATE

37. The letters acknowledging receipt of the appeal will give the name of the Case Officer. The Case Officer should be the first person contacted with queries or complaints about the handling of the appeal. If this is not satisfactory, the Complaints Officer can be contacted at the following address:

The Complaints Officer
The Planning Inspectorate
Crown Buildings
Cathays Park
Cardiff
CF10 3NQ

Tel: 029 2082 3889
Fax: 029 2082 5150

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