At present about 52% of enforcement appeals are decided following an exchange of written representations and a site visit (the written method), 21% are decided following a hearing, and around 27% after an inquiry. We think that many of the appeals decided following a hearing could be dealt with equally well, and more quickly, by the written method without any reduction in the quality of the decision. Similarly, there are a small number of appeals that are decided following an inquiry that could be decided by the hearing procedure or occasionally by the written method.

To help appellants and LPAs choose the most appropriate method for an appeal, we have produced a list of indicative criteria which show whether an appeal is suitable to be decided following the written method, a hearing, or an inquiry. The list is set out below.

The case officer responsible for the appeal will write to the main parties if he/she considers, bearing in mind the indicative criteria, that the appeal is suitable for an alternative method. The letter will say that the appeal will proceed by the alternative method unless either main party insists on exercising their statutory right to be heard. We will allow the main parties fourteen days to respond giving reasons based on the indicative criteria why a hearing or an inquiry is required. Where either of the main parties exercises their right to be heard, a hearing or an inquiry will be arranged.

Please look at the indicative criteria carefully before deciding which procedure to choose. The written method uses fewer resources both for the Inspectorate and the parties than appeals decided following a hearing or an inquiry. This is because when deciding a case by the written representations method the Inspector has only to visit the site and surroundings prior to making a decision. This is quicker and simpler to organise and undertake than a hearing or inquiry. Our Inspectors give equal attention to every appeal they handle regardless of the procedure – indeed for simpler cases the written method enables them to focus exclusively on the merits of the appeal without having to prepare for and give attention to a hearing or an inquiry. All our Inspectors are experienced professionals, very carefully recruited and trained, and all, from the newest to the most experienced, undertake written representation appeals. We would urge you to use the written method wherever possible.

Indicative criteria to determine whether a section 174 appeal is suitable to be decided following written representations, hearing or an inquiry

Appeals considered suitable for the written procedure should satisfy
all of the following criteria:

The appeal does not involve any issue or dispute of fact and there is no evidence of need for formal cross-examination or to take evidence under oath.
The appeal does not involve an issue relating to either agricultural worker or gypsy/traveller status, or issues regarding the need for/availability of accommodation for agricultural workers or gypsies/travellers, and is not dependent on demonstrating a business/functional need for, or financial viability of the development.
The appeal can reasonably be argued and understood by all parties using the written submissions, photographs, plans and an Inspector’s site visit.
The alleged breach is neither unusual nor contentious and there are not significant third party/neighbourhood group interests.
An Environmental Impact Assessment is not required.

Appeals considered suitable to be heard (either by a hearing or an
inquiry as necessary):

They fall within the indicative criteria for written representations appeals but the appellant and/or LPA has insisted on being heard.
The duration of the hearing will not normally last longer than one day.
Facts are at issue or in dispute and/or there is need for evidence to be given under oath which could be subject to cross examination.
The appeal involves an issue relating to either agricultural worker or gypsy/traveller status, or issues regarding the need for/availability of accommodation for agricultural workers or gypsies/travellers, or is dependent on demonstrating a business/functional need for, or financial viability of the development.
The Inspector has issued a witness summons.
The alleged breach is unusual or contentious and/or there is significant third party interest including neighbourhood groups.
An Environmental Impact Assessment is required.

If the appeal criteria do not indicate that an inquiry is necessary then
usually it can take place as a written representations case. In
enforcement cases hearings are only used if the main parties wish to be
heard but the case would otherwise be suitable for the written procedure.