The Planning Inspectorate Wales

Hearings and Inquiries

The Planning Inspectorate (on behalf of the Welsh Assembly Government) will seek to suggest whether planning or enforcement appeals under the 1990 Act should proceed by written representations, hearing or inquiry. The appellant and Local Planning Authority will be contacted with the Inspectorate’s preferred choice of procedure and they will have the opportunity to put forward their views.

Indicative criteria to determine whether an appeal is suitable to be decided following written representations, hearing or an inquiry.

Appeals considered suitable for the written procedure should satisfy all of the following criteria:

1.   The appeal is not a gypsy and traveller case.

2.   The appeal is not for an agricultural worker’s dwelling or similar proposal dependent on demonstrating a business need and financial viability.

3.   There is no evidence that either party will wish to claim costs.

4.   The appeal can be reasonably argued and understood by all parties using the written submissions, photographs, plans and Inspector’s site visit.

5.   There is no evidence of need to cross-examine or take evidence under oath.

Appeals considered suitable for a hearing should satisfy all of the following criteria:

6.   They should not fall within the indicative criteria for written representations appeals.

7.   The duration of the hearing will not normally last longer than one day.

8.   There is no indication of a need for formal cross-examination or evidence taken under oath.

Appeals considered suitable for an inquiry should satisfy the following:

9.   They should not fall within the indicative criteria described above for appeals by written representations or hearings;

10.  Notwithstanding that those criteria may be met in either case, there being some other reason which justifies the holding of an inquiry as the more appropriate method.

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