Making Your Enforcement Appeal (Guide)

The hearing procedure

If you or the LPA don’t agree to the written procedure, there will be a hearing or inquiry instead. Hearings are less formal than inquiries and are an open discussion led by the Inspector. You and the LPA can ask for a hearing, but you do not have the right to one.

The hearing procedure is usually quicker and cheaper than an inquiry. We will agree to a hearing whenever it is appropriate. But hearings are not suitable for all appeals, especially those which are complicated or controversial, or have caused a lot of local interest or where it is necessary to cross-examine witnesses because facts are at issue.

The rules for dealing with hearings are The Town and Country Planning (Enforcement)(Hearings Procedure)(Wales) Rules 2003. Like other procedures, there are important time-limits for us to receive your comments. Other in extraordinary circumstances, we will return late representations and not forward them to the Inspector.

The timetable and stages of the appeal leading up to the hearing are shown at the back of this booklet on the diagram in Appendix 2.

The rules say that the date for the hearing should be within 12 weeks of the starting date. If we cannot keep to this date, the Assembly can extend the period. You and the LPA can normally only refuse one date before we arrange the hearing. You are entitled to at least 28 days’ notice, in writing, of the hearing arrangements. But if the appeal is urgent, or if a cancellation releases an early date, we might ask you to accept less notice.

We will ask the LPA to advertise the hearing in a local newspaper at least two weeks before the hearing date, and to let interested persons know about it.

At the hearing, the Inspector will lead an informal discussion on the main issues. People do not usually have a legal representative with them at hearings, but may if they wish.

The hearing site visit

The Inspector will decide whether to visit the site or continue the discussion at the site. He or she will tell you this at the hearing. The hearing procedure is the only one in which discussion can take place on the site.

At the site visit you can point out physical features about the site and its surroundings. You can discuss your appeal if the Inspector agrees.

People with disabilities

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

---

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

---