Guide to taking part in enforcement appeals

What you can do

If the appeal is to be decided by the written procedure, you can write or email to us with your views. If there is a hearing or inquiry you can still write or email to us, but you may also want to go to the hearing or inquiry and take part.

The LPA will send us copies of any letters they have previously received about the site. If you have not written about the matter before, or you have something new to say about the appeal, you can write or email to us. But there are strict time limits for sending us your comments.

The time limits for sending your comments

Whichever procedure is followed, if you want to make written comments we must receive them within 6 weeks of the starting date for the appeal (the LPA will tell you this period when they write to you letting you know about the appeal).

The time limits for sending comments to us are important, and everyone taking part in an appeal must follow them. If comments are sent outside the time limits, we will, except in extraordinary circumstances, return them unseen by the Inspector.

See the written, hearing and inquiry procedure sections later in this booklet and the diagrams at the appendix.

What you should comment on

The Inspector and the Assembly can take into account only information and evidence that is relevant to the appeal. This could cover a wide range of issues, but those that apply are usually set out in the LPA’s letter that tells people about the appeal.

You may have other worries about the appeal. But if they are not relevant, the Inspector will not consider them. For example, they cannot normally consider how a development has affected property values in the area.

Appeal documents

Statement of case: In the statement of case the parties will need to give full details of the case they will put forward at the hearing or inquiry. They must include and list any documents, including maps and plans, to which they intend to refer or use in evidence. They should also include a list of any conditions or limitations they would agree to, if the appeal were to be allowed.

Statement of common ground: In the statement of common ground the appellant and LPA should list all agreed matters. They are expected to meet in advance of an inquiry, to agree the statement of common ground, which should include basic facts.

Written statements of evidence: This document is a written statement that the parties wish the Inspector to take into account at an inquiry. If the statement is more than 1500 words long, 2 copies of a written summary must be provided which should not be more than 10% of the length of the proof. The summary should reflect the contents of the statement and should not include new evidence. When a summary is provided, only that will be read at an inquiry. If written statements and summaries are not received together and on time, the inquiry may be postponed.

---

Accessibility | Contact Us | Privacy Statement | Site Feedback | Site Map | Planning Portal | Directgov | Gov news | Crown Copyright © 2004

---