Guide to taking part in enforcement appeals - If you want to comment on someone else's appeal - January 2004
4 The written procedure
4.1 With this type of appeal, we only consider written evidence from the
appellant, the LPA and anyone else who, like you, has an interest in the
appeal. We cannot accept any form of taped evidence, as we cannot be sure
that everyone involved has exactly the same version.
Sending us your comments
4.2 If you want to make any comments on the alleged development you must send them to us within the time limit given in your letter from the LPA telling you about the appeal. This is within six weeks of the date that we accept the appeal – we call this ‘the start date’. We will not normally accept comments sent late. Instead we will return them to you. This means that the Inspector will not take them into account.
4.3 We will send copies of your letter to the appellant, the LPA and the Inspector. If we consider your letter contains racist or abusive comments, we will send it back to you before the Inspector or anyone else sees it. If you take out the racist or abusive comments, you can send your letter back to us. But, you must send it back before the time limit ends.
4.4 If possible, please send us three copies of your letter. We will not acknowledge your letter unless you ask us to. If you would like a copy of the appeal decision you must ask for one in your letter.
The site visit
4.5 The Inspector will want to see the site involved in the appeal before
making a decision. But, because everyone concerned has to make their case
in writing, no discussion is allowed during the visit.
4.6 If the Inspector can see enough of the site from the road or public
viewpoint, he will visit the site alone. If that is not possible, the
appellant and the LPA’s representative will go with the Inspector.
4.7 There is normally no need for other people to take part in the site visit. However, if you own a property nearby and you want the Inspector to see the appeal site from your property, you should tell us this when you write to us. We will then tell you the date and time of the visit.
4.8 The Inspector will decide whether he needs to come onto your property. If he does, the appellant and an LPA representative must come too. You will not be able to discuss the case, but you can point out relevant facts and features.
4.9 It is sometimes difficult to know what you are allowed to say, but here is an example.
Your neighbour has built an extension on his home, and you have written to tell us that this extension will overlook some of your windows.
You can say to the Inspector: ‘These are the windows I mentioned in my letter.’ But you cannot say: ‘These windows are overlooked and this stops me from…’
4.10 After the site visit the Inspector writes the decision or sends a report
to the Secretary of State (see section 8).
A diagram of the written procedure is at appendix 1.
