Guide to taking part in enforcement appeals - If you want to comment on someone else's appeal - January 2004

6 The inquiry procedure

6.1 This is the most formal of the appeal procedures, because it usually involves larger or more complicated appeals.

6.2 These are often where expert evidence is presented and witnesses are cross-examined. An inquiry may last for several days, or even weeks. It is not a court of law, but the proceedings will often seem to be quite similar and the appellant and the LPA usually have legal representatives.

6.3 Inquiries are open to members of the public, and although you do not have a legal right to speak, the Inspector will normally allow you to do so. Local people are encouraged to take part in the inquiry process. Local knowledge and opinion can often be a valuable addition to the more formal evidence given by the appellant and the LPA.

Sending us your comments

6.4 You do not have to go to the inquiry. 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 we accept the appeal – we call this ‘the starting date’. We will not normally accept comments sent late. Instead we will return them to you.

6.5 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.

6.6 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 inquiry

6.7 We will agree a date for the inquiry 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 inquiry, like the time and place. The LPA may also put a notice in a local paper and the appellant must put one on the appeal site 2 weeks before the inquiry, giving the same information.

6.8 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

6.9 We want to hold all inquiries 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 inquiry and you have particular needs, please contact the LPA to confirm they can make proper arrangements.

Taking part in the inquiry

6.10 If you want to take part in an inquiry, you need to think about what you want to say and how you want to say it. Most people prefer to make, or read out, a brief statement giving their views. If there are several people with the same views, it is a good idea for one person to speak on behalf of the others. Repeating arguments at the inquiry does not help the Inspector, or make the point more relevant.

6.11 If you want to take a leading role in the inquiry and call your own witnesses, you should contact us at the earliest possible stage. If we agree to this, we may ask you to provide a statement of your case and details of any documents you will produce at the inquiry. If we ask for this information, and you provide it, we will send you copies of the appellant’s and LPA’s statements.

What happens at the inquiry

6.12 If you want to speak at the inquiry, it is important that you are there when it opens because this is when the Inspector will tell everyone about the timetable.

6.13 At the inquiry opening, the Inspector will go through some routine matters, including asking who will be taking part in the inquiry. This is often called ‘taking the appearances’. When the appellant and the LPA have given their details, the Inspector will ask if anyone else wants to speak. At this stage, you should only give your name and address, and say whether you are for the appeal or objecting to it.

6.14 The Inspector will then give an outline of what will happen at the inquiry. The appellant will usually present their case first, then call any witnesses. The LPA and the Inspector can ask questions. The LPA will then present their case in the same way, and the appellant and the Inspector can ask them or their witnesses any questions.

Giving your views at the inquiry

6.15
When each witness has been formally cross-examined, the Inspector will normally ask if anyone else who supports or objects to the appeal has any questions. This is your opportunity to speak, but you must make sure that your questions are relevant to the evidence the witnesses have given. You shouldn’t repeat questions that have already been asked.

6.16 At this stage, anyone who is interested in the case usually has the chance to speak. At a long inquiry, it is difficult to predict when this stage will be reached. If you can’t stay at the inquiry all the time, tell the Inspector when the inquiry opens. The Inspector will understand and will try to help by hearing your comments at a different stage of the inquiry, if that is possible.

6.17 The Inspector will usually ask if you are willing to answer questions about your evidence. You do not have to do this. If you object to the appeal, the appellant’s representative will ask these questions. Do not feel intimidated. The Inspector will not let anyone ask you hostile or unfair questions.

6.18 The inquiry ends with closing speeches by the LPA and the appellant. This is normally followed by the Inspector visiting the appeal site. Because the inquiry is over, there can be no further discussion about the case during that visit. The arrangements are very similar to the visits that are made as part of the written procedure.

A diagram of the inquiry procedure is at Appendix 3.