Making your Enforcement Appeal
10 The Decision
The Inspector’s decision
10.1 The Inspector will write to you with his or her decision. It will usually:
- Describe your enforcement appeal.
- Identify the grounds, facts and important planning arguments.
- Examine the main arguments and explain why the Inspector has come to the decision.
10.2 We will send a copy of the decision to the LPA and anyone else who is entitled to a copy or who asked for one.
10.3 The Inspector is not able to investigate maladministration (please see following chapter 11).
Decision by the Secretary of State
10.4 The Inspector will send a report to the Secretary of State. The Inspector’s report will include conclusions on the issues raised and a recommendation as to whether or not the appeal should be allowed.
10.5 The Secretary of State doesn’t have to accept the Inspector’s recommendation and will consider everything that is relevant. Sometimes the Secretary of State disagrees with the Inspector’s recommendation. If this is because he or she takes into account new evidence introduced after the inquiry, or because he or she differs with one of the Inspector’s findings, you and the LPA will have a chance to comment before the decision is made. If it is necessary, we may re-open the inquiry. Someone authorised by the Secretary of State will sign the letter telling you the decision.
10.6 The Secretary of State will send a copy of the decision letter and the Inspector’s report to you, the LPA and anyone else who is entitled to a copy or who asked for one.
