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Modified: 20-Mar-2008

Guide to taking part in advertisement appeals

 

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9 Video and audio evidence

We cannot accept video or audio evidence for appeals dealt with by written
exchanges. This is because we cannot be certain that everyone involved in the
appeal will have suitable equipment to play the evidence, or that identical
copies have been sent to everyone. You can send a written summary of the
content of the video or audio evidence, including photographs, to us and the
LPA with your appeal documents.

At a hearing, the Inspector will decide whether to consider any video or audio
evidence. They will let you know their decision when the hearing opens. You
must contact the LPA to find out whether they have suitable equipment to use
at the hearing, or if they will allow you to use your own.

Regulating recorded evidence

Recorded evidence (video, audio or other recorded evidence) is governed by
legislation. Any recorded evidence sent to us must have been obtained legally.

Regulation of Investigatory Powers Act 2000 (‘RIPA’)

RIPA does not prohibit individuals from recording evidence as long as the
recording is for their own use.
Recording evidence is prohibited if the evidence is made available to another
person or organisation and, where necessary, if those involved did not give
permission for its use or for the recording to take place. Those involved must
also be given the opportunity to confirm the recording is accurate. If not, we
will not accept it.

10 Arranging the hearing or site visit

10.1 We try our best to make the arrangements for a hearing or site visit as
early as possible. If you and the LPA agree to the first hearing date we
offer, we can better manage our Inspector resources.

10.2 Each party is allowed to refuse a date offered for a hearing only once
before we fix a date, time and place.

10.3 Once we have fixed a hearing date, it is not easy for us to change it, and
we will only agree to do so in exceptional circumstances.

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