Guide to taking part in enforcement appeals - If you want to comment on someone else's appeal - January 2004
3 What you can do
3.1 If the appeal is to be decided by the written procedure, you can write
to us with your views. If there is a hearing or inquiry you can still write
to us, but you may also want to go to the hearing or inquiry and take part.
3.2 The LPA will send us copies of any letters they have received about the site. If you have not written about the matter before, or you have something new to say, you can write to us. But there are strict time limits for sending us your comments.
The time limits for sending your comments
3.3 Whichever procedure is followed, if you want to make written comments you should send them to us within 6 weeks of the starting date for the appeal (the LPA will tell you this period when they write to you letting you know about the appeal).
3.4 The time limits for sending comments to us are important, and everyone taking part in an appeal must follow them. If comments are sent outside the time limits, we will not normally accept them. Instead we will return them to you. This means that the Inspector will not take them into account.
See the written, hearing and inquiry procedure sections later in this booklet and the diagrams at the appendix.
Regulating recorded evidence
3.5 Recorded evidence (video, audio or other recorded evidence) is governed by legislation. Any recorded evidence sent to us must have been obtained legally.
3.6 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.
What you should comment on
3.7 The Inspector and the Secretary of State can only take into account information and evidence that is relevant to the appeal. This could cover a wide range of issues, but those that apply are usually set out in the LPA’s letter that tells people about the appeal.
3.8 You may have other worries about the appeal. But if they are not relevant, the Inspector will not consider them. For example, they cannot normally consider how a development has affected property values in the area.
Getting help
3.9 If you would like help in taking part in a planning appeal, you can contact Planning Aid. Planning Aid provides free and independent advice on town and country planning issues to people and groups who cannot afford consultancy fees. You can contact:
Ian Silvera
National Planning Aid Co-ordinator
Royal Town Planning Institute
Unit 319
The Custard Factory
Gibb St
Birmingham
B9 4AA
Phone or fax: 0121 693 1201
e-mail: planaidcoord@rtpi.org.uk
website: http://www.planningaid.rtpi.org.uk
