Guidance

Guide for interested parties taking part in enforcement appeals and lawful development certificate appeals proceeding by Inquiry – England

Updated 11 January 2024

Applies to England

© Crown copyright 2024

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This publication is available at https://www.gov.uk/government/publications/enforcement-appeals-dealt-with-by-an-inquiry-taking-part/guide-to-taking-part-in-enforcement-appeals-and-lawful-development-certificate-appeals-proceeding-by-an-inquiry-england

1. Introduction

1.1. This guide explains how, if you are interested in the outcome of an appeal proceeding by an inquiry, you can make your views known.

1.2. Interested parties are also called ‘third parties’, ‘interested people’ or ‘interested persons’.

1.3. There are separate guides for enforcement appeals and lawful development certificate appeals that are proceeding by the written representations or hearing procedures.

1.4. Depending on whether you oppose or support the appeal you may wish to ask the local planning authority (LPA) or the appellant (the person making the appeal) what their positions will be at the inquiry. This will help you to decide whether your position can be satisfactorily represented by them without the need for you to submit your views.

1.5. If you need this guidance in large print, in audio format or in Braille, please contact our Customer Support Team on 0303 444 5000.

2. The decision-maker

2.1. Nearly all appeals are decided by our Inspectors. A very small percentage are decided by the Secretary of State - these tend to be the very large or contentious breaches of planning control. For further information on decision making in appeals, please see section 6 of our Enforcement Appeals Procedural Guide or section 5 of our Lawful Development Certificate (LDC) Appeals Procedural Guide. You may wish to familiarise yourself with the content of the relevant Procedural Guide depending on whether you are interested in an enforcement appeal or a LDC appeal.

3. What are the rules for an inquiry?

3.1. For:

the rules that cover the inquiry procedure are The Town and Country Planning (Enforcement) (Determination by Inspectors) (Inquiries Procedure) (England) Rules 2002 - Statutory Instrument 2002/2685.

3.2. the rules that cover the very few appeals decided by the Secretary of State are The Town and Country Planning (Enforcement) (Inquiries Procedure) (England) Rules 2002 - Statutory Instrument 2002/2686.

3.3. For further information on the inquiry procedure, please see:

3.4. The Business and Planning Act 2020 now provides greater flexibility, allowing appeal procedures to be combined. If we have decided initially that an appeal should follow the inquiry procedure, we may subsequently also consider whether a ‘combined procedure’, with some issues dealt with by hearing (round table discussion) and/or written representations, may be appropriate. It is for us to decide how the combined procedure will work on a case-by-case basis.

4. How you find out about the appeal

4.1 If you are interested in an enforcement appeal, the local planning authority (LPA), usually your local council or National Park Authority, should write to everyone who it thinks is affected, to tell them about the appeal. This is the minimum publicity requirement. Your LPA may give appeals more publicity and will probably put information on its website.

4.2 If you are interested in a LDC appeal, there is no statutory requirement for LPAs to consult interested parties. However, the LPA may do so anyway.

4.3 If you have already written to the LPA about the appeal site:

• it will normally write to tell you about the appeal within 2 weeks of us accepting the appeal • when the arrangements have been made for the inquiry, it will normally notify you when and where it will take place.

4.4 The appellant must display details of the inquiry, including the time and place, on the site 2 weeks before the inquiry.

5. If you own the land

5.1. If you own the land and you do not appeal against an enforcement notice/decision on a lawful development certificate but someone else does appeal against it, in law you will have the status of an ‘interested person’. This means you are not entitled to receive a copy of all the representations (comments) made by the appellant, LPA and other interested parties (though these documents may be made available for inspection by the LPA).

5.2. However, in these circumstances, you may wish to request to be considered an ‘interested owner’. This status is given at our discretion. It means that we will give you similar treatment as to an appellant. You will be able to attend any hearing or inquiry or be present when the Inspector visits the site. You will also be able to see and comment on any written representations made by the appellant, the LPA, and any other interested people, during the progress of the appeal. It is important you notify us to request this at the earliest opportunity.

6. What you can do

6.1. If you have already contacted the LPA about the site, it may send us your representations (comments), but it does not have to do this. If you want the Inspector to take your views into account, you should send us your representations about the appeal.

6.2. You must make sure that we receive your representations within 6 weeks of the starting date for the appeal. The LPA should have told you the deadline. For the full appeal timetable, see:

6.3. The 6-week deadline given in the regulations for sending representations to us is important, and everyone taking part in an appeal must follow it. If you send us representations after the deadline, we will not normally accept them. We will return them to you. This means that the Inspector will not see them and will not take them into account.

6.4. When you send us your representations you should include:

  • your name and address
  • the Planning Inspectorate appeal reference number (this will start APP/…)
  • the address of the appeal site.

For an appeal against an enforcement notice, say either:

  • “I support the LPA in issuing the enforcement notice” and explain whether it is for the same reasons as given by the LPA or, if not, explain your own reasons
  • or “I support the appellant in appealing against the enforcement notice” and explain why.

For an appeal about an application for a lawful development certificate, say either:

  • “I support the LPA in refusing the application” and explain whether it is for the same reasons as given by the LPA or, if not, explain your own reasons
  • or “I support the appellant in appealing against the LPA’s refusal” and explain why.

6.5. Submit your representations online using the search facility. If you don’t have access to the Internet, the LPA will provide details of how to submit representations by alternative methods.

6.6. If you send us your representations in a letter, unless your handwriting is very clear it would help if you are able to have your comments typed. Please use black ink. Note that we do not acknowledge receipt.

6.7. The Inspector can only take into account information and evidence that is relevant to the appeal. This could cover a wide range of issues, but those that apply are usually set out in the LPA’s reasons for issuing the enforcement notice or in the decision notice in the case of a lawful development certificate appeal.

6.8. We will copy your representations to the appellant and to the LPA, where they will be available for anyone to see them. You will not be sent copies of representations made by the appellant, local planning authority and other interested parties. These documents may be made available for inspection by the LPA.

6.9. If we consider that your representations contain inflammatory, discriminatory or abusive comments, we will send them back to you before the Inspector or anyone else sees them. If you take out the inflammatory, discriminatory or abusive comments, you can send your representations back to us; but you must send them back before the 6-week deadline ends.

6.10. We do not accept anonymous representations, but you may ask for your name and address to be withheld. If you ask us to do this, you should make sure that your representations do not include any other information which may identify you. We will copy your representations, with your name and address removed, to the parties, and they will be seen by the Inspector who may give them less weight as a result.

6.11. If you indicate that you do not want us to copy your representations to the appellant and the LPA, we will return them. They will not be seen by the Inspector and, therefore, will not be taken into account. This is because the Inspector can only take into account representations which have been copied to the appellant and the LPA and are available to be seen.

7. If you send documents to support your representations

7.1. We are unable to return any documents or photographs.

7.2. You should:

  • use a font such as Arial or Verdana in a size of 11 point or larger
  • use A4 paper wherever possible
  • number the pages of the documents
  • make sure photocopied and scanned documents are clear and legible
  • use black and white for documents unless colour is essential
  • put any photographs (both originals and photocopies should be in colour), maps, plans, etc, in a separate appendix and cross- reference them within the main body of the document
  • print documents on both sides of a page. You should use paper of good enough quality that something printed on one side of the page does not show through to the other side
  • ensure that the scale and orientation of any maps and plans are shown clearly. If you are sending maps or plans electronically you must tell us the paper size
  • not send original documents unless we specifically ask for them.

7.3. For further information, please see our guide to communicating electronically with us.

8. Audio/video evidence

8.1. We will return any audio/video evidence sent to us before the inquiry. You may send a written summary which will be seen by the Inspector, the appellant, the LPA and any rule 6 party (see paragraph 9.5). Send this within the 6-week deadline for comments.

8.2. You may ask the Inspector at the inquiry if they are willing to accept the audio/video evidence and allow it to be played at the inquiry. It is your responsibility to contact the LPA to find out whether it has suitable equipment at the venue to access the evidence, or if it will allow you to use your own. The equipment must be suitable to play the evidence so that everyone can see/hear it.

8.3. If the evidence is accepted by the Inspector, it will become part of the inquiry evidence and will be retained by the Inspector. You will need to have additional copies of the audio/video evidence available because if the Inspector allows it to be shown, these copies will be given to the appellant, the LPA, and any rule 6 party. Our case officer will be able to tell you how many copies you will need to provide.

9. Before the inquiry

9.1. Local people are encouraged to take part in the inquiry. Local knowledge and opinion can often be a valuable addition to the evidence given by the appellant and the LPA.

9.2. Before the inquiry, if you want to see what the appellant and the LPA have written, the LPA should make these documents available. The LPA’s and the appellant’s statements of case should be available 6 weeks after the appeal start date.

9.3. The appellant and LPA will jointly prepare a statement of common ground. For further information on the statement of common ground see:

They must send this to us no later than 4 weeks before the inquiry and the LPA should make it available to view.

9.4. Inquiries are open to members of the public, and although you do not have a legal right to speak, the Inspector will normally allow you to do so. If you want to speak at an inquiry, you need to think about what you want to say and how you want to say it. Some people prefer to make, or read out, a brief statement giving their views. If there are several people with the same views, it is a good idea for one person to speak on behalf of the others. A group of interested people may appoint one agent, solicitor, or barrister (who would be their ‘advocate’) - to represent them all.

9.5. If you/the group want to take a leading role in the inquiry and call your own witnesses, you should consider requesting ‘rule 6 status’. With rule 6 status you will be considered a main party. You will need to submit a statement of case and you will be sent copies of the documents sent to us by the other main parties (that is, the appellant, the LPA and any other rule 6 parties). For further information see the Guide to rule 6 for interested parties involved in an inquiry.

10. Inquiry venue

10.1. We ask the LPA to arrange the inquiry venue. Inquiries are usually held in LPA offices, village halls or community centres. We have set out the facilities that an inquiry venue should include - see our venue and facilities for public inquiries and hearings guide.

11. Virtual events

11.1. The planning Inspectorate conducts hearings and inquiries in-person with participants being physically present at a venue such as a council office or town tall or ‘virtually’ where participants connect remotely to an online video conference. In some cases, we may also conduct a ‘blended’ event which has both physical and virtual elements.

11.2. If the Inspector decides that the inquiry should be virtual or blended, it is the LPA’s responsibility to host the event. See our Guidance for Local Planning Authorities and others hosting virtual events for the Planning Inspectorate for further information.

12. People with disabilities

12.1. We want to hold all inquiries in buildings with proper facilities for people with disabilities. If you, or anyone you know, want to go to the inquiry and have particular needs, please contact the LPA to confirm that it can make proper arrangements.

13. Openness and transparency

13.1. Inquiries are open to journalists and the wider public, as well as interested people. Provided that it does not disrupt proceedings, anyone will be allowed to report, record and film proceedings including the use of digital and social media. Inspectors will advise people present at the start of the event that the proceedings may be recorded and/or filmed, and that anyone using social media during or after the end of the proceedings should do so responsibly.

13.2. If you want to record or film the event on equipment larger than a smart phone, tablet, compact camera, or similar, especially if that is likely to involve moving around the venue to record or film from different angles, you should contact us and the LPA in advance to discuss arrangements.

14. What happens at the inquiry

14.1. An inquiry is the most formal of the appeal procedures. It usually involves larger or more complicated appeals. Often expert evidence is presented, and witnesses are cross-examined (asked questions about their evidence). An inquiry may last for several days, or even weeks. It is not a court of law, but the proceedings will often seem to be quite similar. The parties may be formally represented by advocates.

14.2. The Inspector will ensure that evidence is thoroughly tested so that they can reach a properly reasoned decision.

14.3. The starting time for the first day of the inquiry will normally be 10:00, but the notification letter you receive from the LPA and the notice displayed on the site will contain the starting time for the particular inquiry so you should check this.

14.4. At the start of the inquiry the Inspector will agree the sitting times and starting times. It is often agreed that the inquiry will start at an earlier time on subsequent days. Inquiries usually sit until about 17:00 or 17:30 each day. There will usually be a mid-morning and mid-afternoon break and a 1-hour adjournment for lunch. The Inspector should not be approached during breaks because other participants in the inquiry would not know what was being said.

14.5. If you want to speak at the inquiry, it is important that you are there when it opens, because this is when the Inspector will:

  • go through some routine matters
  • set out the timetable and the order of proceedings
  • and ask if any interested people want to speak at the inquiry and will register their names

14.6. The Inspector will then usually give an outline of what the case is about and what the main issues are

14.7. At a long inquiry, it is difficult to predict at what stage interested people will be given the chance to speak. Normally, you will speak after the appellant and LPA have presented their evidence. If you cannot stay at the inquiry all the time, tell the Inspector at the start. The Inspector will understand and will try to help, if possible, by hearing your representations at a different stage of the inquiry. However, if you wish to ask the appellant or the LPA questions, you will need to be at the inquiry when they are giving their evidence.

14.8. The Inspector decides the order of appearances at the inquiry. Normally the appellant will be asked whether they wish to make a brief opening statement, followed by the LPA. Whether the parties make an opening statement or not, the appellant will usually present their case first; the witnesses will give their evidence and the opposing side will be allowed to cross-examine them.

14.9. After that the Inspector will normally ask (for each witness) if anyone who registered at the start of the inquiry that they wished to speak, and who opposes the case that has just been put forward, whether they have any questions to put to the witness.

14.10. This is followed by the other side presenting its case with witnesses being cross examined by the opposing side. Similarly, those who registered that they wished to speak and who oppose the case just put forward, will be asked if they have any questions to put to the witnesses.

14.11. You must make sure that your questions are relevant to the evidence the witnesses have given. You should not repeat questions that have already been asked. This is not the time for you to give your views – that will come later (see 16).

15. Re-examination

15.1. After cross-examination, the advocate is allowed to re-examine each witness. If a witness has made a mistake or got confused during their cross- examination, their advocate can try to correct things by discussing the subject again and asking further questions of their witness to ensure that their case is clarified. It is not the function of re-examination to invite the witness to revisit clear answers given in cross-examination. No ‘new’ evidence can be put forward and leading questions, that is, a question in which the answer is suggested by the question, are not normally allowed (for example “Would you agree that…”).

16. Taking part in the inquiry

16.1. When the cases for the main parties have been completed, at the Inspector’s discretion, anyone who is interested in the appeal usually has the chance to speak and present their case.

16.2. When you give your views, you should not repeat arguments that you have already made in written representations, or which someone has already said. This does not help the Inspector or make the point more relevant. However, there should be no ‘surprises’ and ‘new’ evidence should not be presented at this time as it could result in the Inspector having to adjourn the inquiry so that such evidence can be properly considered and answered. You should have set out your main concerns in your representation sent at the 6-week stage.

16.3. The Inspector will usually ask if you are willing to answer questions about your evidence. You do not have to do this, although it is often helpful to do so, and it may add weight to your evidence. Do not feel intimidated. The Inspector will not let anyone ask you hostile or unfair questions. If you oppose the appeal the appellant’s representative may ask you questions. If you support it, the LPA’s representative may ask you questions.

17. Inspector’s questions

17.1. At any stage during proceedings - but normally after cross examination and re-examination of a witness has taken place - the Inspector may also ask questions. Questions may be put to all those who give evidence, including interested people.

18. Giving evidence on oath

18.1. Where the inquiry involves a dispute between the appellant and the LPA about the facts it is usual for the evidence to be given under oath (which the Inspector will administer) or after ‘affirming’. If your evidence/representations concerns facts, you will be required to give your evidence/representations under oath or an affirmation.

18.2. Inspectors will, where possible, seek early confirmation from the appeal parties if any witness to be called needs to swear on a religious text. If so, the appeal party will be asked to bring the relevant Holy Book to the Inquiry. LPAs may be asked to provide a copy of the necessary text.

19. Discussion of planning conditions

19.1. If the appellant has pleaded that planning permission should be granted for the alleged development (as described on the enforcement notice) the inquiry will usually include a discussion about the conditions which may be imposed if the development is granted planning permission. The fact that conditions are discussed does not mean that the appeal will be allowed, and planning permission granted or that, if allowed, conditions will be imposed.

20. Closing statements

20.1. Finally (so far as dealing with evidence about the case is concerned) there are closing statements which are an opportunity for the appellant, the LPA and any Rule 6 parties to sum up their case. They are usually read out from a pre-prepared version which they will give to the Inspector and those other parties who have summed up their case. The appellant will always be allowed to speak last at this point in proceedings.

21. Application for appeal costs

21.1. The Inspector will then hear any applications for costs

21.2. All parties to an appeal are normally expected to meet their own expenses.

21.3. If a party does not behave reasonably during the appeal process, they leave themselves open to costs being awarded against them. This would be on the basis that the behaviour had directly caused another party to incur expenses that would not otherwise have been necessary.

21.4. Costs may be awarded in response to an application for costs by one of the parties. Also, the Inspector may make an award of costs even if none of the parties have made an application.

21.5. There is guidance about costs awards in the Department for Levelling Up, Housing and Communities’ planning practice guidance.

21.6. It is important that you read this guidance because it explains how, and on what basis you can make an application or have an application made against you.

22. The close of the inquiry

22.1. After hearing any applications for costs the Inspector will formally close the inquiry. This is normally followed by the Inspector visiting the appeal site (in certain circumstances that may have occurred during the inquiry). Because the inquiry has been formally closed there can be no further discussion about the case during that visit.

23. The decision

23.1. When made, the decision can be viewed using the search facility.

24. Complaints, challenges and feedback

24.1. Complaints

24.1.1. If, after the decision on an appeal has been published, we receive a complaint against an Inspector’s decision or the Inspector or the way we administered a case, it is dealt with by the Customer Quality Team who are independent of the teams who process cases. All complaints are investigated thoroughly and impartially. See our guide to our complaint’s procedure.

24.2. Challenge an administrative decision

24.2.1. If you wish to complain about a decision made by administrative staff during the processing of an appeal, you should write to our Case Officer giving clear reasons why you think we should review our decision.

24.2.2. There is no statutory right to challenge administrative decisions in the High Court. However, it is possible to make an application for judicial review. For further information please see :

24.3. High Court challenges

24.3.1. Once the decision on whether to allow or dismiss the appeal has been made, the only way it can be challenged is through the High Court. For further information on whether you can make a High Court challenge, the deadlines for making a challenge and the High Court challenge process, please see:

24.3.2. Some types of costs decisions can also be challenged in the High Court. Those that cannot be challenged in the High Court can be challenged by judicial review. Please see our Procedural Guide for further information.

24.4. Feedback

24.4.1. We welcome feedback about people’s experience of dealing with us. This can be provided to us at any time. Please send your feedback to feedback@planninginspectorate.gov.uk

25. Contacting us

25.1. To contact us about a particular appeal you should contact our Case Officer – the LPA should have given you their details. For general enquiries our contact details are

The Planning Inspectorate
Temple Quay House
2 The Square
Bristol
BS1 6PN

Customer Form: Customer Services and general enquiries.

Helpline: 0303 444 5000

E-mail: enquiries@planninginspectorate.gov.uk

26 Getting help

26.1. If you would like help in taking part in an appeal against an enforcement notice or a lawful development certificate appeal, you can contact Planning Aid. Planning Aid provides free and independent professional advice on town and country planning issues to people and groups (who cannot afford consultancy fees).

Planning Aid

Planning Aid England
41-42 Botolph Lane
London
EC3R 8DL

Email: info@planningaid.rtpi.org.uk

Planning Aid Website

The Environmental Law foundation

Helpline: 0330 123 0169

Email: info17@.elflaw.org

Environmental Law Foundation website

Advocate

Advocate DX
50-52 Chancery Lane
London
WC2A 1HL

DX 188 London Chancery Lane

Telephone: 020 7092 3969

Advocate Website

27. How we use your personal information

27.1. If you participate in an enforcement appeal or a lawful development certificate appeal, then the type of personal information contained in your representations will normally include your name, contact details and any other personal information you choose to provide.

27.2. The Planning Inspectorate takes its data protection responsibilities for the information you provide us with very seriously. To find out more about how we use and manage your personal data, please go to our privacy notice.

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