Environmental Protection Act 1990 Part II - Waste Management Licences - The Appeal Procedure Guidance
Written Representations
14. Appeals are dealt with in the spirit of the Town and Country Planning (Appeals)(Written Representations Procedure)(England) Regulations 2000, SI 2000, No 1628.
15. The written method of dealing with an appeal is an exchange of statements between you and the Environment Agency, followed by a visit to the site by an Inspector who will determine the appeal. This is normally the quickest, simplest and cheapest way of deciding an appeal.
16. You and the Agency will be asked to send 2 copies of the appeal statements to the Inspectorate within 6 weeks of the start date and we will send a copy of the Agency’s statement to you. You and the Agency then have the opportunity to comment on all the representations within 9 weeks of the start date.
17. Any representations made to the Inspectorate by interested parties will be copied to you and the Agency and you will be given the opportunity to comment on these representations.
18. Shortly after the final date for representations (at 9 weeks), an Inspector will visit the site. It is normal practice for the Inspector to be accompanied at the site visit by a representative of both parties in order to gain access to the site. However, the Inspector will not allow any discussion about the merits of the case and will restrict questions to the physical features of the site itself.
Hearings
19. Hearings are conducted in the spirit of the Town and Country Planning (Hearings Procedure)(England) Rules 2000, SI 2000 NO 1626. A hearing allows the parties to present their case in a more relaxed and less formal atmosphere than at an inquiry (see below). It usually takes the form of a discussion led by the Inspector, followed by a site visit. If the Inspector so decides, the discussion may be extended to the site.
20. Either party may request a hearing or the Inspectorate may decide a hearing is needed if comparatively complex issues are involved. Such hearings will follow the procedure set out in paragraph 19. The timetable for submission of evidence is the same as that for written representations ie, within 6 and 9 weeks of the start date. Local residents and other interested parties are allowed to attend a hearing and at the discretion of the Inspector, give their views. The Inspector has the powers to hold part or all of the hearing in private, but it is expected that this will happen only rarely, for example in cases involving commercial confidentiality or national security. (See para. 29)
21. You and the Agency will be asked to send 2 copies of a hearing statement to the Inspectorate within 6 weeks of the start date and we will send you a copy of the Agency’s statement. If any interested parties have made comment we will also send you copies. You and the Agency will then have the opportunity to make any further representations within 9 weeks of the start date.
Inquiries
22. Inquiries are conducted in the spirit of the Town and Country Planning (Inquiries Procedure) Rules 2000, SI 2000 No 1624 and 1625.
23. Either party may ask for a public inquiry or the Inspectorate may decide that one is needed, but this procedure should only apply in exceptional cases. For example, where particularly complex technical evidence is submitted, or where there are a large number of submissions or a considerable amount of public interest.
24. Within 6 weeks of the start date, you and the Agency must submit 2 copies of your statement to the Inspectorate giving full details of the case to be put forward at the inquiry. Not later than 4 weeks before the inquiry, proofs of evidence and statement of common ground should also be submitted. A proof of evidence is a written statement of the evidence a witness intends to give at the inquiry and, if it is more than 1,500 words long, there should also be a summary that is no more than 10% of the length of the proof. A statement of common ground is a list if all the matters that you and the Agency are agreed about.
25. An inquiry is more formal than a hearing and usually begins with a brief opening statement from both the main parties. They can then call their witnesses to give their evidence, which can normally be cross-examined by the other side. Interested parties may also attend the inquiry and will usually be allowed to give their views.
26. As in paragraph 20 above, the Inspector may hold part or all of
the inquiry in private where matters such as commercial confidentiality
or national security is involved.
