Guide to taking part in enforcement appeals

The Hearing Procedure

A hearing is a discussion of the appeal proposals. The Inspector leads the discussion. Hearings give everyone concerned the chance to give their views in a more relaxed and informal atmosphere than at a public inquiry.

Hearings have many advantages, but they are not suitable for appeals that:

are complicated or controversial;

have caused a lot of local interest; or

involve cross-examination (questioning) of witnesses.

Sending us your comments

You do not have to go to the hearing. If you prefer, you can write to us. If you want to make comments (or add to those already made) 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’. We will not normally accept comments received late. Instead we will return them to you. You will still be able to attend the hearing, but the Inspector will not have the benefit of having read your views.

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.

Arranging the hearing

We will agree a date for the hearing with the appellant and the 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 hearing, such as the time and place. The LPA may also put a notice in a local paper, giving the same information.

If you want to see what the appellant and the LPA have said, you should be able to see copies of their appeal documents at the local council’s offices.

People with disabilities

We want to hold all hearings in buildings that give proper facilities for people with disabilities. The LPA usually choose and provide the room. If you, or anyone you know, want to go to the hearing and you have particular needs, please contact the LPA to confirm they can make proper arrangements.

What happens at the hearing

Hearings are usually held in council offices, village halls or community centres. They normally start at 10.00am and last about half a day.

The Inspector will open the hearing by explaining what the appeal is about. He or she will then go through some routine points, including asking who wants to speak. You should tell the Inspector if you want to speak at this stage.

The Inspector will usually give a summary of the appellant’s and the LPA’s cases, and say which topics will be discussed at the hearing.

Giving your views at the hearing

Although hearings are informal they must be orderly if everyone involved is to have a fair hearing. So, you must make your comments and questions to the Inspector. The Inspector will not allow any interruptions or bad behaviour.

In most cases, the Inspector will suggest that the hearing is continued at the site of the appeal. This will only happen if everyone taking part in the hearing (or their representatives) can attend, and they do not object to the arrangement. Most hearings end after any discussion at the appeal site. After the hearing the Inspector writes the decision or sends a report to the Assembly.

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