The Planning Inspectorate- Wales

Guide to taking part in planning appeals: Wales, 2003

The inquiry procedure

This is the most formal of the appeal procedures, because it usually involves larger or more complicated appeals. These are often cases where expert evidence is presented, and witnesses are cross-examined. An inquiry may last for several days, or even weeks. It is not a court of law, but the proceedings will often seem to be quite similar and the appellant and the LPA usually have legal representatives.

Inquiries are open to members of the public, and although you do not have a legal right to speak, the Inspector will normally allow you to do so. We encourage local people to take part in the inquiry process. Local knowledge and opinion can often be a valuable addition to the more formal evidence given by the appellant and the LPA.

However, as with hearings, you do not have to go to the inquiry to make your views known. You can write to us. If you wrote to the LPA at application stage, they will send us a copy of your views. If you did not, or wish to add to those views, you can still write to us. But you must make sure we receive three copies of your comments within the time limit given in your letter from the LPA telling you about the appeal. This is within six weeks of us accepting the appeal - we call this 'the starting date'.

If we do not receive your letter within the time limit, the Inspector will not normally take your comments into account and we will send them back to you. If we receive your comments in time, we will send a copy of your letter to the appellant, the LPA and the Inspector. Please tell us in your letter if you would like a copy of the appeal decision. We will not acknowledge your letter unless you ask us to. If we consider your letter contains racist or abusive comments, we will send it back to you before the Inspector sees it. If you take out the racist or abusive comments, you can send your letter back to us. But, we must receive this before the time limit ends. If you want to see what the appellant and the LPA have said, you should be able to see copies of their appeal documents and statements at the local council's offices.

How you find out about the inquiry

We will agree a date for the inquiry with the appellant and LPA. We do not involve anyone else when we fix the date. The LPA will write to everyone they told about the appeal and give them details of the inquiry, like the time and place. The LPA may put a notice in a local paper and the appellant must put one on the appeal site, giving the same information.

Taking part in the inquiry

If you want to take part in an inquiry, you need to think about what you want to say and how you want to say it. Most people prefer to make, or read out, a brief statement giving their views. If there are several people with the same views, it is a good idea for one person to speak on behalf of the others. Repeating arguments at the inquiry does not help the Inspector, or make the point more relevant.

If you want to take a leading role in the inquiry and call your own witnesses, you should contact us at the earliest possible stage. If we agree to this, we may ask you to provide a statement of your case and details of any documents you will produce at the inquiry. You will also be required to provide written statements of evidence 4 weeks before the start of the inquiry. If we ask for this information, and you provide it, we will send you copies of the appellant's and LPA's statements.

What happens at the inquiry

If you want to speak at the inquiry, it is important that you are there when it opens because this is when the Inspector will tell everyone about the timetable.

At the inquiry opening, the Inspector will go through some routine matters, including asking who will be taking part in the inquiry. When the appellant and the LPA have given their details, the Inspector will ask if anyone else wants to speak. At this stage, you should only give your name and address, and say whether you are for or against the proposal.

The Inspector will then usually give an outline of what will happen at the inquiry. The LPA will usually begin by making an opening statement. Their witnesses will then give their evidence and the appellant can cross-examine (question) them. The appellant will then call their witnesses, and the LPA can cross-examine them.

Giving your views

When each witness has been formally cross-examined, the Inspector will normally ask if anyone else who objects to the proposed development has any questions. This is your opportunity to ask questions, but you must make sure that your questions are relevant to the evidence the witnesses have given. You shouldn't repeat questions that have already been asked. Do not use questions as an opportunity to state your views on the application; you will have the chance to do so later. This will normally be after the LPA's and the appellant's witnesses have been heard.

At a long inquiry, we cannot predict when we will reach this stage. If you can't stay at the inquiry all the time, tell the Inspector when the inquiry opens. The Inspector will understand and will try to help by hearing your comments at a different stage of the inquiry, if that is possible.

The Inspector will usually ask if you are willing to answer questions about your evidence. You do not have to do this. If you object to the proposed development, the appellant's representative will ask these questions. Do not feel intimidated. The Inspector will not let anyone ask you hostile or unfair questions.

The inquiry ends with closing speeches by the LPA and the appellant. This is normally followed by the Inspector visiting the appeal site. Because the inquiry is over, there can be no further discussion about the case during that visit. The arrangements are very similar to the visits that are made as part of the written procedure.

People with disabilities

We want to hold all inquiries in buildings with proper facilities for people with disabilities. The LPA usually chooses and provides the place and we have asked them to pay particular attention to the needs of people with disabilities. If you, or anyone you know, want to go to the inquiry and you have particular needs, please contact the LPA to confirm they can make proper arrangements.

After the inquiry

The Inspector will write their decision or send their report to the Assembly. Where the Inspector decides the appeal we will send a copy of their decision to:

the appellant;
the LPA;
anyone who took part in the inquiry; and
anyone else who wrote to ask us for a copy.

For inquiries which the Inspector decides, and which last for one or two days, we aim to issue the decision no later than seven weeks after the close of the inquiry. For inquiries which last longer, or where the Inspector has to write a report for the Assembly, the decision will usually take longer.

Costs

At inquiries, the Inspector will say that any application for costs should be made before the end of the proceedings. This can happen when one party claims that it has been caused unnecessary expense in dealing with the proceedings, because of the other party's unreasonable behaviour.

Unless you are the appellant, this is unlikely to apply to you because, if you choose to take part in an appeal, you do so at your own expense. However, we do publish a separate booklet called 'Costs awards in Planning Appeals', which explains when you can apply for costs.