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Modified: 20-Mar-2008

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

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Appendix 2

The hearing procedure

Timetable

You

Appellant

LPA

Appeal made

We set a start date

Does not apply.

The appellant sends appeal form and all supporting documents to the Inspectorate and the LPA.


The LPA let the Inspectorate know if they don’t think a hearing is suitable.


Within 2 weeks from the start date

You receive the LPA’s letter about the appeal, telling you that you must send us any comments within 6 weeks of the start date.

The appellant receives a completed questionnaire and any supporting documents from the LPA.

The LPA send the appellant and the Inspectorate a copy of a completed questionnaire and supporting documents. They also write to you about the appeal.

Within 6 weeks from the start date

(Late statements will not normally be accepted but will be sent back).

You send us 3 copies of any comments. If you want a copy of the Inspector’s decision notice you must ask for one in writing.

The appellant sends the Inspectorate 2 copies of any further statement.

The LPA send the Inspectorate 2 copies of any further statement.

Within 9 weeks from the start date

(Comments sent late will not normally be accepted but will be sent back.)

The appellant and the LPA make their final written comments. You cannot make more written comments at this stage.

The appellant sends the Inspectorate 2 copies of their final comments on the LPA’s statement and on any comments from you. No new evidence is allowed.

The LPA send us 2 copies of their final comments on the appellant’s statement and on any comments from you. No new evidence is allowed. They may put a notice in a local paper about the hearing 2 weeks before the date and tell you about the arrangements.


Note: The Planning Inspectorate send copies of statements and comments to the appellant and the LPA by first-class post. The Inspectorate aims to do this within a week of the deadlines.

Decision: After the hearing the Inspector writes the decision or sends a report to the Secretary of State. The appellant and the LPA will be sent a copy of the decision notice. Anyone requesting a copy will also be sent one, as will any other person who was served with a copy of the enforcement notice.