Making your Enforcement Appeal
7. The hearing procedure
7.1 If you or the LPA don’t agree to the written procedure, there will be a hearing or inquiry instead. Hearings are less formal than inquiries and usually involve an open discussion led by the Inspector. You and the LPA can ask for a hearing, but you don’t have the right to one.
7.2 The hearing procedure is usually quicker and cheaper than an inquiry. We will agree to a hearing whenever it is appropriate. Hearings aren’t suitable for all appeals, especially those which are complicated or controversial, or have caused a lot of local interest or where it is necessary to cross-examine witnesses because facts are at issue.
7.3 The rules for dealing with hearings are The Town and Country Planning (Enforcement)(Hearings Procedure) Rules 2002. Like other procedures, there are important time-limits for us to receive your comments. The Inspector will not normally consider any comments we receive after the time-limit ends, and we will send them back.
7.4 The timetable and stages of the appeal leading up to the hearing are explained in Section 4 and shown at the back of this booklet on the diagram in Appendix 2. If possible you should follow the guidelines on how to set out your statement in Appendix 5.
7.5 Using e-mail or post
If you send us your documents by e-mail, you only need to send us one copy of each. However, if you post your documents, please send us two copies of everything and put the full reference number on each copy.
7.6 The hearing
We will arrange a convenient time and date for the hearing. If you can’t accept the first date we offer, we will set another and we will expect you to attend. We will give you and the LPA at least four weeks’ notice of the hearing date.
7.7 We will ask the LPA to advertise the hearing in a local newspaper at least two weeks before the hearing date, and to let interested people know about it.
7.8 At the hearing, the Inspector will lead an informal discussion on the main issues. People don’t usually have a legal representative with them at hearings, but may if they wish.
The hearing site visit
7.9 The Inspector will decide whether to visit the site or continue the discussion at the site. He or she will tell you this at the hearing.
7.10 At the site visit you can point out physical features about the site and its surroundings. You can discuss your appeal if the Inspector agrees.
People with disabilities
7.11 We want to hold all hearings in buildings that give proper facilities for people with disabilities. The LPA usually choose and provide the place and we have asked them to pay particular attention to the needs of people with disabilities. 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.
