Making your Lawful Development Certificate Appeal - November 2004
6 The hearing procedure
6.1 Although lawful development certificate appeals usually go by inquiry or written representations, hearings can sometimes be appropriate. Hearings are less formal than inquiries and usually involve an open discussion led by our Inspector. You and the LPA can ask for a hearing, but you don’t have the right to one.
6.2 The hearing procedure is usually quicker and cheaper than an inquiry. We will agree to a hearing whenever it is appropriate. Hearings are not suitable for appeals where it is necessary to cross-examine witnesses or for appeals which are complicated or controversial, or have caused a lot of local interest.
6.3 The regulations for dealing with hearings are The Town and Country Planning (Enforcement) (Hearings Procedure) Rules 2002. Like other procedures, there are important time limits for you to send us your comments. The Inspector will not normally consider any comments we receive after the time limit ends, and we will send them back.
6.4 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 4.
Using e-mail
6.5 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 appeal reference number on each copy.
6.6 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 week’s notice of the hearing date.
6.7 We may 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.
6.8 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.
The hearing site visit
6.9 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.
6.10 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
6.11 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.
See the diagram of the hearing procedure at Appendix 3.
