Guide to taking part in enforcement appeals - If you want to comment on someone else's appeal - January 2004
5 The hearing procedure
5.1 A hearing is a discussion of the appeal proposals. The Inspector leads
the discussion. Hearings give everyone concerned the chance to give their
views in a more relaxed and informal atmosphere than at a public inquiry.
5.2 Hearings have many advantages, but they are not suitable for appeals that:
• are complicated or controversial;
•
have caused a lot of local interest; or
•
involve cross-examination (questioning) of witnesses.
Sending us your comments
5.3 You do not have to go to the hearing. If you prefer, you can write to us. If you want to make comments (or add to those already made) 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.
5.4 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.
5.5
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.
Arranging the hearing
5.6 We will agree a date for the hearing with the appellant and the LPA. We do not involve anyone else when we fix the date. The LPA will write to everyone they told about the appeal and give them details of the hearing, like the time and place. The LPA may also put a notice in a local paper, giving the same information.
5.8 If you want to see what the appellant and the LPA have said, you should be able to see copies of their appeal documents at the local council’s offices.
People with disabilities
5.9 We want to hold all hearings in buildings that give proper facilities for people with disabilities. The LPA usually choose and provide the place. If you, or anyone you know, want to go to the hearing and you have particular needs, please contact the LPA to confirm they can make proper arrangements.
What happens at the hearing
5.10 Hearings are usually held in council offices, village halls or community centres. They normally start at 10.00am and last about half a day.
5.11 The Inspector will open the hearing by explaining what the appeal is about. He or she will then go through some routine points, including asking who wants to speak. You should tell the Inspector if you want to speak at this stage.
5.12 The Inspector will usually give a summary of the appellant’s and the LPA’s cases, and say which topics will be discussed at the hearing.
Giving your views at the hearing
5.13 The appellant will usually give their views on a topic first, followed by the LPA, and then anyone else who wants to comment. This is your chance to comment.
5.14 Although hearings are informal they must be orderly if everyone involved is to have a fair hearing. So, you must make your comments and questions to the Inspector. The Inspector will not allow any interruptions or bad behaviour.
5.15 In most cases, the Inspector will suggest that the hearing is continued at the site of the appeal. This will only happen if everyone taking part in the hearing (or their representatives) can attend, and they don’t object to the arrangement. Most hearings end after any discussion at the appeal site. After the hearing the Inspector writes the decision or sends a report to the Secretary of State (see section 8).
A diagram of the hearing procedure is at Appendix 2.
