Making Your Lawful Development Certificate Appeal (Guide)

Timetable for appeals

Setting the timetable

The appeal process has strict deadlines for us to receive information from you and the LPA.

When we have accepted your appeal we will write to you confirming which procedure it will follow. Our letter will also tell you the 'starting date'. This is important because it starts the timetable for us to receive comments and statements from you and the LPA.

You and the LPA must keep to the timetable.

If statements or comments are received late

If we receive statements or comments from you or the LPA after the deadlines set in our 'starting date' letter we will not accept them other than in extraordinary circumstances. Instead we will return them to you.

This means that for appeals following the written procedure, statements and comments received late will not be taken into account in the Inspector's decision.

If we return items because they were received late, there is nothing to be gained by you, or the LPA, copying them to each other as the Inspector will not have seen them.

Items previously returned because they were received late may be offered to the Inspector at the opening of the hearing or inquiry. But it will be up to the Inspector to decide whether or not to accept them. If they do, this will usually mean an adjournment to allow him/her (and other persons) to read the information. However, a successful claim for costs by the other side because of the time wasted could follow. See section 7 for more information on costs.

Deadlines

The following timetable and stages apply to all appeals, whatever procedure is used.

Within two weeks from the starting date, you and we must receive from the LPA a questionnaire, which they have filled in. They will also tell interested persons about the appeal.

Within six weeks from the starting date, we must receive from you and the LPA a statement setting out your arguments. We will then send you and the LPA a copy of what each other has sent, and any comments from interested persons (if they were received in time).

Within nine weeks from the starting date, we must receive from you and the LPA any comments on each other's statement and on comments from interested persons.

Some other stages apply if your appeal is being dealt with at an inquiry or hearing. See relevant sections for further information.

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