Guidance

Procedural Guide: Enforcement notice appeals - England

Updated 11 January 2024

Applies to England

1. Introduction

1.1. The content of this document is guidance only with no legal status. However, everyone should follow the general principles, as will Inspectors who may adapt them as necessary for an individual appeal whilst ensuring that no party is prejudiced. It should be read alongside the planning practice guidance published by the Department for Levelling Up, Housing and Communities (DLUHC).

1.2. Apart from where it is otherwise stated, this guide also applies to listed building enforcement appeals.

2. Before making an appeal

2.1. Responsibilities of the LPA and appellant

2.1.1. A local planning authority (LPA) will issue an enforcement notice because it considers that the development in question is a breach of planning control and that it’s expedient to take action.

2.1.2. A breach of planning control is:

• the carrying out of development without the required planning permission
• or a failure to comply with any condition or limitation attached to a planning permission.

Any contravention of the limitations on, or conditions belonging to, permitted development rights, under the Town and Country Planning (General Permitted Development) (England) Order 2015 also constitutes a breach of planning control.

2.1.3. The LPA have discretion to decide whether to issue an enforcement notice if they consider that a breach of planning control has taken place and that it is expedient to take action. Please see the Planning Practice Guidance for further information.

2.1.4. It is important that the LPA and the people it considers as having breached planning control engage in constructive discussions and where appropriate to consider alternative dispute resolution such as mediation. Agreement can often be found without the need to make an appeal.

2.2. Costs

2.2.1. All parties are expected to meet their own appeal expenses.

2.2.2. All parties have a responsibility to behave reasonably. The LPA should consider carefully before taking enforcement action and only issue an enforcement notice if it has a sufficiently strong case. It should make its reasons for issuing the notice clear.

2.2.3. Someone considering making an appeal (‘the appellant’) should consider carefully the reasons for appealing the enforcement notice and have a clear case. This means being able to respond to the reasoning the LPA have given on the enforcement notice.

2.2.4. If a party does not behave reasonably during the appeal process, they leave themselves open to costs being awarded against them. This is where the party must pay for the expenses other parties have incurred because of the unreasonable behaviour. Costs may be awarded in response to an application for costs by one of the parties. Also, costs may be awarded at the initiative of the Inspector.

2.2.5. Further guidance on costs awards can be found in the planning practice guidance. The appellant should only make an appeal after they have read the guidance on costs.

2.3. Eligibility for making an appeal

2.3.1. To make an appeal against an enforcement notice, you must either have an interest in or be a relevant occupier of the land the enforcement notice relates to.

2.3.2. ‘Interest’ means either a legal or equitable interest in the land when the appeal is made (irrespective of your status when the enforcement notice was served). This includes but is not limited to:

• Owners
• Lessees
• Some tenants
• Official receivers
• Mortgagees or other lenders

2.3.3. A ‘relevant occupier’ is someone who:

• on the date on which the enforcement notice is issued occupies the land through the consent of the owner whether oral, written or implied
• and continues to occupy the land when the appeal is made.

2.3.4. A person who does not have an interest in the land or is not a relevant occupier does not have a right of appeal – even if the LPA serves a copy of the enforcement notice on them. Similarly, a person that has not been served with a copy of the notice may be eligible to make an appeal.

2.3.5. A limited company or unincorporated body can have a legal interest in the land or be a relevant occupier. If this is the case the appeal must be made in the name of the company. A director or shareholder, or in the case of an unincorporated body their authorised representative, does not have the right of appeal on the company’s behalf. Although they can act as agent to the appellant company.

2.3.6. Sometimes, more than one person with an interest in the land may want to respond to the enforcement notice differently. For example, the owner of the land may want the enforcement notice to be upheld, while the occupier of the land may want to keep the development. In these circumstances, it is up to each person to decide how to respond to the notice.

2.3.7. If the owner of the land does not appeal against an enforcement notice but someone else does, the owner will be an ‘interested person’ in the appeal – see section 7. This means they will not receive a copy of all the representations made by the appellant, the LPA and other interested people (though they would be able to see such representations at the LPA’s offices or the LPA may publish them online).

2.3.8. But the owner can request to be considered an ‘interested owner’. This status is given at our discretion. It means that we will give them similar treatment to an appellant. The owner will be able to attend any hearing or local inquiry or be present when the Inspector visits the site. They 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 that the owner requests the status of ‘interested owner’ at the earliest opportunity.

2.4. Deadline for making an appeal

2.4.1. Written notice of an appeal against an enforcement notice must be received by us before the effective date of the notice. The effective date will be on the notice. We cannot accept any appeals received after this date.

3. How to make an appeal

3.1. Wherever possible the appellant should make their appeal(s) online through the Appeals Casework Portal.

3.2. Please see our guidance on system requirements and submitting documents.

3.3. If someone considering making an appeal does not have access to the internet, they should contact us (see section 9.5), and we will send them the relevant appeal form.

3.4. If the appellant cannot appeal online and does not have an appeal form and cannot get one to reach us before the deadline, they may make an appeal by sending us a letter or an email saying that they are appealing against the enforcement notice. The appellant must make it clear that the letter or email is a notification of appeal and include:

• the appellant’s name and address
• the name of the LPA
• the address of the site/building
• the effective date of the enforcement notice

We must receive this before the effective date on the enforcement notice. This should immediately be followed by the completed appeal forms.

3.5. Appellants must submit one appeal for each enforcement notice they want to appeal against.

3.6. Appellants must send a copy of the appeal form and supporting documents to us and to the LPA.

4. The appeal

4.1. Further guidance on how to complete the appeal form

4.1.1. Appellants should use the following guides to help them complete the appeal form:

• Enforcement notice appeals: how to complete your appeal form
• Listed building enforcement notice appeals: how to complete your appeal form

4.2. Grounds of appeal

4.2.1. If appealing against an enforcement notice, appellants must make their appeal on one or more of the 7 grounds of appeal outlined in section 174(2) of the Town and Country Planning Act 1990:

• Ground (a) – “that, in respect of any breach of planning control which may be constituted by the matters stated in the notice, planning permission ought to be granted or, as the case may be, the condition or limitation concerned ought to be discharged”

If you appeal on ground (a), you are deemed to have made an application for planning permission. This is known as a ‘deemed planning application’ (DPA).

If pleading ground (a), appellants must pay a fee either at the time of making the appeal or within a time limit set by us. The amount payable can be found on the enforcement notice. Failure to pay the fee means the ground (a) appeal and DPA will lapse and cannot be restarted.

If the enforcement notice was issued:

• at a time after the making of a related planning application for planning permission
• and before the time limit for the LPA to determine the application

it is not possible to make an appeal on ground (a).

• Ground (b) – “that those matters have not occurred”

• Ground (c) – “that those matters (if they occurred) do not constitute a breach of planning control”

• Ground (d) – “that, at the date when the notice was issued, no enforcement action could be taken in respect of any breach of planning control which may be constituted by those matters”

There are time limits for the LPA to issue an enforcement notice. The time limits vary according to the type of development:

• section 171B(1) of the Town and Country Planning Act 1990 (as amended) gives a time limit of 4 years for notices alleging operational development such as building, mining or engineering works beginning with the date on which the operations were substantially completed.

• section 171B(2) gives a 4 year limit for change of use from a building/part of a building to a single dwellinghouse beginning with the date of the breach - this time limit applies either where the change to use as a single dwellinghouse involves development without planning permission, or where it involves a failure to comply with a condition or limitation subject to which planning permission has been granted.

• section 171B(3) states that any other breach of planning control is subject to a limit of 10 years from the date of the breach - this applies to changes of use and to breaches of any conditions attached to previous planning permissions.

For immunity purposes involving a material change in the use of a building or land, the evidence needs to show when that use was instituted and that it has subsisted, without significant interruption, for a continuous 4- or 10-year period.

• Ground (e) – “that copies of the enforcement notice were not served as required by section 172”

• Ground (f) – “that the steps required by the notice to be taken, or the activities required by the notice to cease, exceed what is necessary to remedy any breach of planning control which may be constituted by those matters or, as the case may be, to remedy any injury to amenity which has been caused by any such breach”

• Ground (g) – “that any period specified in the notice in accordance with section 173(9) falls short of what should reasonably be allowed”

4.2.2. If appealing against a listed building enforcement notice, appellants must make their appeal on one or more of the 11 grounds of appeal outlined in section 39 (1) of the Planning (Listed Buildings and Conservation Areas) Act 1990:

• Ground (a) - that the building is not of special architectural or historic interest

• Ground (b) – that the breach of planning control alleged in the notice has not occurred as a matter of fact

• Ground (c) – that the development alleged in the notice is not in breach of planning control

• Ground (d) - that the works to the building were urgently necessary due to health and safety or for the preservation of the building, that it was not practicable to address these concerns through repairs or affording temporary support or shelter and that the works carried out were limited to the minimum measures immediately necessary

• Ground (e) – that listed building consent should be granted for the works, or that any relevant condition of such consent which has been granted ought to be discharged, or different conditions substituted

• Ground (f) – that copies of the notice were not served as required by section 38(4)

• Ground (g) – Subject to section 38(2) (b) or (c), that the requirements of the notice exceed what is necessary for restoring the building to its condition before the works were carried out

• Ground (h) – that the time given to comply with the notice is too short

• Ground (i) – that the steps required by the notice to restore the character of the building to its former state would not serve that purpose

• Ground (j) - that the steps required to be taken by virtue of section 38(2)(b) exceed what is necessary to alleviate the effect of the unauthorized works

• Ground (k) – that steps required to be taken by virtue of section 38(2)(c) exceed what is necessary to bring the building to the state in which it would have been if the terms and conditions of the listed building consent had been complied with

4.2.3. All grounds of appeal must be supported by clear facts. Please use the How to complete your appeal form guides which provide further guidance on each ground of appeal and what facts and arguments to provide in support of them:

• Enforcement notice appeals: how to complete your appeal form
• Listed building enforcement notice appeals: how to complete your appeal form

4.2.4. Facts must be provided so that we can make an informed decision on what procedure the appeal should follow and so that all participants in the appeal are aware of the issues and arguments from the start so that they are able to make comments by the week 6 deadline (See section 8).

4.2.5. The Inspector may disregard any grounds of appeal that are not supported by facts.

4.3. Procedure preference

4.3.1. With reference to the criteria for procedure determination, appellants must state on the appeal form which procedure they think is most appropriate for the appeal and the reasons for their preference. The LPA must do the same in the questionnaire.

5. After the appeal is submitted

5.1. Validation

5.1.1 Once an appeal has been submitted, we will check whether it is valid. If the appeal is valid, we will confirm to the LPA and the appellant:

• the procedure the appeal will follow
• the appeal start date
• the timetable for the appeal
• the address to which all correspondence should be sent.

5.2. Procedure determination

5.2.1. Section 319A of the Town and Country Planning Act 1990 gives us the duty to determine the procedure. See section 8 for an explanation of the procedures.

5.2.2. In making our decision, we will consider the views of the appellant and the LPA, the criteria for procedure determination and expert involvement (where relevant).

5.2.3. Where our choice differs from that of the LPA and appellant, we will explain the reasons for our choice.

5.2.4. The appellant and the LPA can ask for the choice to be reviewed by a senior officer.

5.2.5. We keep our choice of procedure under review throughout the appeal. Subject to notification and procedural requirements, we may change the procedure. We may also, either at the start or at any point throughout the appeal, combine procedures.

5.3. Combining procedures

5.3.1. The Business and Planning Act 2020 allows us to ‘combine’ procedures. For example, if we decide that an appeal should follow the inquiry procedure, we may choose, based on the criteria, to deal with certain issues by written representations.

5.3.2. Appeals proceeding by written representations will not normally be combined with other procedures

5.3.3. It is for us to decide whether combining procedures is appropriate and how it would work (for example, which procedures are combined, what the timetable would be and so on). If we are considering combining procedures, we will invite the parties to comment before any final decision is taken.

5.3.4. We keep the procedure choice, including combined procedures, under review. Subject to any notification and procedural requirement, we may change it at any point before the appeal decision is made.

6. How the decision is made

6.1. The decision-maker

6.1.1. Under section 174 of the Town and Country Planning Act 1990 an eligible person has a right to make an appeal against an enforcement notice to the Secretary of State. Through legislation, for almost all appeals, the authority – “the jurisdiction”- to decide an appeal has been transferred to an Inspector.

6.1.2. In a very small number of cases, the Secretary of State may ‘recover’ the jurisdiction to decide the appeal. This is usually for very large or contentious appeals. See the criteria in the planning practice guidance used to decide if an appeal should be recovered.

6.1.3. The appeal may be recovered at any stage before the decision is issued even after a site visit, hearing and inquiry has taken place.

6.2. If an appeal is recovered

6.2.1. If an appeal is recovered, we will write to tell the appellant and the LPA setting out the reasons for this.

6.2.2. A recovered appeal can proceed by written representations, hearing or inquiry or a combination of procedures and will follow the rules for each procedure.

6.2.3. The Inspector will write a report which contains their recommendations on whether the appeal should be allowed or dismissed. The Secretary of State takes in to account the Inspector’s report when making their decision.

6.2.4. The Secretary of State’s decision will be published in a letter by the Department of Levelling Up Housing and Communities. The letter will be available to view on either the Department for Levelling Up, Housing and Communities area of the GOV.UK website or online using the search facility.

6.3. What the Inspector takes into account

6.3.1. In making their decision, the Inspector will consider the circumstances:

• at the time of making their decision when considering appeals on grounds (a), (f) and (g)
• at the time the enforcement notice was issued when considering appeals on grounds (b), (c), (d) and (e)

See section 4.2 for further information on the grounds of appeal.

7. The role of interested people

7.1. People who are interested in the outcome of an appeal but are not one of the main appeal parties play an important role in appeals. Their views in support of, or opposition to, alleged development are taken into account by the Inspector.

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

7.3. Interested people are notified by the LPA that the appeal is taking place. Whilst interested people have the opportunity to make representations, they will not be sent copies of representations made by the appellant, LPA and other interested people. These documents may be made available for inspection by the LPA.

7.4. The following guides explain how interested people can take part in appeals:

• Enforcement appeals dealt with by written representations: taking part
• Enforcement appeals dealt with by a hearing: taking part
• Enforcement appeals dealt with by an inquiry: taking part

8. The procedures

8.1. Background

8.1.1. There are 3 possible procedures for the determination of an appeal: written representations, hearings and inquiries.

8.2. Written representations

8.2.1. The regulations that cover this procedure are the Town and Country Planning (Enforcement) (Written Representations Procedure) (England) Regulations 2002 (Statutory Instrument 2002/2683)

8.2.2. The timetable for a written representations appeal is as follows:

Timetable	Interested people	Appellant	LPA
Appeal received. We set the start date and the timetable		Sends the appeal form and all supporting documents to us and the LPA (See 8.2.4)	Receives the appeal documents
Within 2 weeks from the start date	Receive the LPA’s letter about the appeal, telling them that they must send us any representations within 6 weeks from the start date (See 8.2.5)	Receives a completed questionnaire and any supporting documents from the LPA (See 8.2.6)	Sends the appellant and us a completed questionnaire and supporting documents (See 8.2.4). It writes to interested people about the appeal (See 8.2.5)
Within 6 weeks from the start date (Only exceptionally will we accept late representations)	Send their representations to us (See 8.2.9)	Sends us any further representations (See 8.2.8)	If the LPA decides not to treat the questionnaire and supporting documents as its representations it sends us its further representations (See 8.2.7)
Within 9 weeks from the start date		Sends us their final comments on the LPA’s ‘week 6’ representations and on any comments from interested people (See 8.2.10) No new evidence is allowed	Sends us its final comments on the appellant’s ‘week 6’ representations and on any comments from interested people (See 8.2.10) No new evidence is allowed
The Inspector visits the site (See 8.2.11) and the decision is issued later

8.2.3. The written representations procedure

8.2.3.1. In the written representations procedure, the Inspector will decide the appeal based on written material provided by all parties and, usually, after a visit to the appeal site.

8.2.4. The appellant

8.2.4.1. The appellant must submit:

• their appeal
• a copy of the enforcement notice
• other essential supporting documents detailed on the appeal form.

At the same time, they must copy the appeal to the LPA. For further information on how to submit the appeal please see:

• Enforcement notice appeals: how to complete your appeal form
• Listed building enforcement notice appeals: how to complete your appeal form

8.2.4.2. The appeal form should disclose the appellant’s case through all the grounds they are appealing on and supporting facts and any available supporting evidence.

8.2.5. Notification to interested people

8.2.5.1. Within 2 weeks of the start date the LPA must notify the following people that an appeal has been made:

• Anyone served with a copy of the enforcement notice
• Anyone that occupies a property in the locality of the appeal site
• Any other person who, in the opinion of the LPA, is affected by the alleged breach of planning control.

The notification must include:

• a description of the alleged breach of planning control
• a statement of its reasons for issuing the notice
• the steps required to be taken by the enforcement notice
• the appellant’s grounds of appeal against the notice
• the appeal procedure
• an invitation to interested people to make their views known by submitting their views online through the search facility within 6 weeks of the start date of the appeal (If the interested person cannot submit their comments online, the LPA will provide details of how to submit representations by alternative methods)
• that their views will be disclosed to the appeal parties unless they are withdrawn before the 6 weeks deadline
• that the Planning Inspectorate will not acknowledge receipt of representations
• that they can get a copy of our booklet ‘Guide to taking part in enforcement appeals and lawful development certificate appeals proceeding by written representations - England’ free of charge from the LPA, or on its website, or on the GOV.UK website
• when and where the appeal documents will be available for inspection
• that the decision will be published online.

8.2.5.2. We encourage LPAs to use the online model notification letter.

8.2.6. The appeal questionnaire

8.2.6.1. The LPA must send a completed copy of our questionnaire and copies of all the relevant documents to us and to the appellant within 2 weeks of the start date of the appeal.

8.2.6.2. The LPA must indicate on its questionnaire which appeal procedure it considers appropriate, taking account of the criteria for procedure determination. If this differs from our choice, we will review the procedure

8.2.6.3. The questionnaire and supporting documents should be enough to present the LPA’s full case. The LPA should notify us and the appellant if it decides to treat the questionnaire and supporting documents as its full representations on an appeal.

8.2.7. LPA’s representations at the 6-week stage

8.2.7.1. If the LPA decides it needs to make further representations, it should send these to us within 6 weeks of the start date. We will copy these further representations to the appellant.

8.2.8. The appellant’s representations at the 6-week stage

8.2.8.1. The appellant may decide to rely on their appeal form and accompanying documents as their full case.

8.2.8.2. If, however, the appellant decides to make any further representations, these should be sent to us within 6 weeks of the start date. We will copy these further representations to the LPA.

8.2.9. Interested people’s representations at the 6-week stage

8.2.9.1. To make sure that the Inspector takes their views into account, interested people should send their representations to us. If they send their representations to the LPA, the LPA may forward the representations to us for the Inspector’s attention, but they do not need to.

8.2.9.2. Representations should be submitted online using the search facility. If that isn’t possible, the LPA will tell interested people how to submit representations by alternative methods. These must be received within 6 weeks of the start date. We will copy any representations received to the appellant and the LPA. There is normally no further opportunity for interested people to make representations after the 6-week stage.

8.2.10. Comments at the 9-week stage

8.2.10.1. If either the appellant or the LPA wishes to comment on the other’s appeal statement or on any representations made at the 6-week stage, they must send their comments to us within 9 weeks of the start date.

8.2.10.2. These comments should not introduce new material. We will copy the comments to the other appeal party.

8.2.11. Site visit

8.2.11.1. Visits to the appeal site and any relevant neighbouring land or properties are normally carried out where it is necessary for the Inspector to assess the impact of a development on its surroundings or measurements need to be taken. The purpose of the visit is solely for the Inspector to view the site and its surroundings.

8.2.11.2. Where the site is sufficiently visible from the road or public viewpoint, the visit will be carried out unaccompanied.

8.2.11.3. Where access is required, it may be necessary for a representative of the appellant and the LPA to attend the site visit. Arrangements will be made with neighbours where it is necessary to inspect the site from their property.

8.2.11.4. An accompanied site visit is not an opportunity for those present to discuss the merits of the appeal or the written evidence they have provided. The Inspector will therefore not allow discussion about the appeal with anyone at the site visit. But parties may point out physical features that they have referred to in their written evidence.

8.2.11.5. A site visit won’t be needed for every appeal. It is for the Inspector to decide whether to conduct one.

8.2.12. Late submissions

8.2.12.1. Sticking to the timetable is fundamental to a fair and efficient appeal service. Normally If we receive a document after the relevant deadline, we will return it and it will not be seen by the Inspector. See paragraph 8.2.2 for the timetable.

8.2.12.2. However, the Inspector can, at their discretion, accept a late document. They will need an explanation for why it was late, an explanation of how the material contained in it is relevant and to seek the opposing parties’ views on whether it should be accepted.

8.2.12.3. The Inspector will only accept a late document if they are satisfied that:

• the content of the statement is not covered in evidence already received
• that it is directly relevant and necessary for their decision
• that it would be procedurally fair to all parties.

8.2.12.4. If the Inspector does accept a late document, this may disrupt the appeal timetable. In this case, the party that submitted the late document opens themselves up to a costs award as a result either of a costs application by another party or at the initiation of the Inspector. See 2.2 for further information on costs.

8.2.12.5. For further information on late submissions, please see 9.1.

8.2.13. Audio/video evidence

8.2.13.1. We will return any audio/video evidence sent to us. We cannot accept audio or video evidence, as we cannot be sure that everyone involved has exactly the same version or that they have the equipment needed to access the evidence. However, you may send a written summary within the 6-week deadline.

8.3. Hearings

8.3.1. The regulations that cover this procedure are The Town and Country Planning (Enforcement) (Hearings Procedure) (England) Rules 2002 (Statutory Instrument No 2002/2684)

8.3.2. The timetable for an appeal proceeding by hearing:

Timetable	Interested people	Appellant	LPA
Appeal received. We set the start date and the timetable		Sends the appeal form to us and the LPA. The grounds of appeal and supporting facts should make up the full case (See 8.3.4)	Receives the appeal documents
Within 2 weeks from the start date	Receive the LPA’s letter about the appeal, telling them that they must send us any representations within 6 weeks from the start date (See 8.3.5)	Receives a completed questionnaire and any supporting documents from the LPA (See 8.3.6)	Sends the appellant and us a completed questionnaire and supporting documents (See 8.3.6). It writes to interested people about the appeal (See 8.3.5)
Within 6 weeks from the start date (Only exceptionally will we accept late representations)	Send their representations to us (See 8.3.7)	Sends us their hearing statement (See 8.3.9)	Sends us its hearing statement (See 8.3.9)
Within 9 weeks from the start date		Sends us their final comments on the LPA’s statement and on any comments from interested people (See 8.3.10). No new evidence is allowed.	Sends us its final comments on the appellant’s statement and on any comments from interested people (See 8.3.10) No new evidence is allowed.
We set the hearing date which will be not later than 12 weeks after the start date or the earliest date after that which is practicable
At least 2 weeks before the date of the hearing	Receive details from the LPA about the hearing arrangements (See 8.2.10)		Tells interested people about the hearing arrangements and may put a notice in a local paper about the hearing (See 8.2.10)
No later than 10 days before the hearing		If there is one, sends us the draft planning obligation (See 10.3)

8.3.3. The hearing procedure

8.3.3.1. The hearing is a structured discussion led by the Inspector. The Inspector identifies the issues for discussion based on the evidence received and any representations made.

8.3.3.2. Interested people can attend and may take part in the hearing at the discretion of the Inspector.

8.3.3.3. Any of the participants may be represented by an advocate, but this is not essential. Any advocate may be legally qualified, but this also is not essential.

8.3.3.4. The Inspector may adjourn the hearing to the appeal site if discussion on site would better resolve matters.

8.3.3.5. Or the Inspector might visit the site during the hearing or after closing the hearing, accompanied by the appellant and the LPA if they wish to attend. As the hearing has not been adjourned to the site the Inspector will not allow any discussion at the site.

8.3.3.6. We may, at any point before the appeal decision, ‘combine’ procedures. Please see section 5.3 for further information.

8.3.4. The appellant

8.3.4.1. The appellant must submit:

• their appeal
• a copy of the enforcement notice
• other essential supporting documents detailed on the appeal form.

At the same time, they must copy the appeal to the LPA.

8.3.4.2. The appeal form should disclose the appellant’s case through all the grounds they are appealing on and supporting facts and any available supporting evidence.

8.3.5. Notification to interested people

8.3.5.1. Within 2 weeks of the start date the LPA must notify the following people that an appeal has been made:

• Anyone served with a copy of the enforcement notice
• Anyone that occupies a property in the locality of the appeal site
• Any other person who, in the opinion of the LPA, is affected by the alleged breach of planning control.

The notification must include:

• a description of the alleged breach of planning control
• a statement of its reasons for issuing the notice
• the steps required to be taken by the enforcement notice
• the appellant’s grounds of appeal against the notice
• the appeal procedure
• an invitation to interested people to make their views known by submitting their views online through the search facility within 6 weeks of the start date of the appeal (If the interested person cannot submit their comments online, the LPA will provide details of how to submit representations by alternative methods)
• that their views will be disclosed to the appeal parties unless they are withdrawn before the 6 weeks deadline
• that the Planning Inspectorate will not acknowledge receipt of representations
• that they can get a copy of our guide to taking part in enforcement appeals and lawful development certificate appeals proceeding by hearing free of charge from the LPA, or on its website, or on the GOV.UK website
• when and where the appeal documents will be available for inspection
• that the decision will be published online.

8.3.5.2. We encourage LPAs to use the online model notification letter.

8.3.6. The appeal questionnaire

8.3.6.1. The LPA must send a completed appeal questionnaire and copies of all the relevant documents to us and to the appellant within 2 weeks of the start date of the appeal. The LPA must indicate on its questionnaire which appeal procedure it considers appropriate, taking account of the criteria for procedure determination.

8.3.6.2. If this differs from that determined by us, we will review the procedure.

8.3.7. Interested people’s representations at the 6-week stage

8.3.7.1. To make sure that the Inspector takes their views into account, interested people should send their representations to us. If they send their representations to the LPA, the LPA may forward the representations to us for the Inspector’s attention, but they do not need to.

8.3.7.2. Representations should be submitted online using the search facility. If that isn’t possible, the LPA will tell interested people how to submit representations by alternative methods. These must be received within 6 weeks of the start date. We will copy any representations received to the appellant and the LPA. There is normally no further opportunity for interested people to make representations after the 6-week stage.

8.3.8. How people are notified about the hearing

8.3.8.1. We will notify the appellant and the LPA of the date, time and place of the hearing and the name of the Inspector who will conduct it. We will ask the LPA to notify:

• those with an interest in the land
• owners/occupiers of property near the site
• those who made representations on the appeal
• those entitled to appear at the hearing
• anyone else it considers to be affected by or interested in the alleged breach of planning control.

8.3.9. Hearing statement at the week 6 stage

8.3.9.1. Both the appellant and the LPA must submit a hearing statement within 6 weeks of the appeal start date.

8.3.9.2. Hearing statements should:

• be a succinct statement of each party’s case
• contain full details of the case which the appellant or LPA proposes to put forward at the hearing and copies of any documents which that party intends to refer to or put in evidence
• highlight the differences between the case made by the appellant in their grounds of appeal and the LPA in the material it supplied with the questionnaire
• include the full report reference of any case law cited
• outline the basis upon which any agreement that certain reasons for issuing the enforcement notice have been resolved
• contain a brief summary at the end
• aim to be 3000 words long.

8.3.10. Comments at 9 weeks

8.3.10.1. If either the appellant or the LPA wishes to comment on the other’s hearing statement or on any representations made at the 6-week stage by interested people, they must send their comments to us within 9 weeks of the start date.

8.3.10.2. These comments should not introduce new material. We will copy the comments to the other appeal party.

8.3.11. Late submissions

8.3.11.1. Sticking to the timetable is fundamental to a fair and efficient appeal service. Normally If we receive a document after the relevant deadline, we will return it and it will not be seen by the Inspector. For the hearing timetable, see 8.3.2.

8.3.11.2. However, the Inspector can, at their discretion, accept a late document. They will need an explanation for why it was late, an explanation of how the material contained in it is relevant and to seek the opposing parties’ views on whether it should be accepted.

8.3.11.3. The Inspector will only accept a late document if they are satisfied that:

• the content of the statement is not covered in evidence already received
• that it is directly relevant and necessary for their decision
• that it would be procedurally fair to all parties.

8.3.11.4. If the Inspector does accept a late document, this may disrupt the appeal timetable. In this case, the party that submitted the late document opens themselves up to a costs award as a result either of a costs application by another party or at the initiation of the Inspector. For further information on costs, see section 2.2.

8.3.11.5. For further information on late submissions, please see section 9.1.

8.3.12. Openness and transparency

8.3.12.1. Hearings are open to journalists and the wider public, as well as interested people. As long as 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 tell 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.

8.3.12.2. If anyone wants 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, they should contact us and the LPA in advance to discuss arrangements.

8.3.13. Audio/video evidence

8.3.13.1. We will return any audio/video evidence sent to us in advance of the hearing. You may send a written summary which will be seen by the Inspector, and the main parties. Please send this within the 6-week deadline for representations. Also, you may ask the Inspector at the hearing if he or she is willing to accept the audio/video evidence and allow it to be played at the hearing.

8.3.13.2. 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.

8.3.13.3. If the evidence is accepted by the Inspector, it will become part of the hearing evidence and will be retained by the Inspector. You will need to have additional copies of the audio/video evidence available as if the Inspector allows it to be played these copies will be given to the main parties Our Case Officer will be able to tell you how many copies you will need to provide.

8.3.14. Virtual events

8.3.14.1. The planning Inspectorate conducts hearings 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.

8.3.14.2. If the Inspector decides that the hearing should be virtual or blended, it is the LPA’s responsibility to host the event. LPAs should read our Guidance for Local Planning Authorities and others hosting virtual events for the Planning Inspectorate.

8.4. Inquiries

8.4.1. The regulations that cover the inquiry procedure are:

• The Town and Country Planning (Enforcement) (Inquiries Procedure) (England) Rules 2002 (Statutory Instrument 2002/2686) (The Inquires Procedures Rules set out in this Instrument are used in the very small number of cases where the jurisdiction to decide the appeal has been recovered for the Secretary of State to make the decision)

• The Town and Country Planning (Enforcement)(Determination by Inspectors) (Inquiries Procedure) (England) Rules 2002 (Statutory Instrument 2002/2685) (The Inquiries Procedure Rules set out in this Instrument are used for the vast majority of appeals that are transferred to be decided by an Inspector on behalf of the Secretary of State)

8.4.2. Timetable for an appeal proceeding by Inquiry:

Timetable	Interested people	Appellant	LPA
Appeal received. We set the start date and the timetable		Sends the appeal form and all supporting documents to us and the LPA (See 8.4.4)	Receives the appeal documents
Within 2 weeks from the start date	Receive the LPA’s letter about the appeal, telling them that they must send us any comments within 6 weeks of the start date (See 8.4.7)	Receives a completed questionnaire and any supporting documents from the LPA (See 8.4.5)	Sends the appellant and us a completed questionnaire and supporting documents (See 8.4.5). It writes to interested people about the appeal (See 8.4.7).
Within 6 weeks from the start date (Only exceptionally will we accept late representations)	Send their comments to us (See 8.4.8)	Sends us their inquiry statement (See 8.4.9)	Sends us its inquiry statement (See 8.4.9)
We set the inquiry date which will normally be within 20 – 22 weeks of the start date (See 8.4.6)
Within 9 weeks from the start date		Sends us their final comments on the LPA’s statement and on any comments from interested people (8.4.10). No new evidence is allowed	Sends us its final comments on the appellant’s statement and on any comments from interested people (8.4.10). No new evidence is allowed
4 weeks before the inquiry		Sends us their proof of evidence and the agreed statement of common ground. (See 8.4.14)	Send us its proof of evidence (See 8.4.14). It may put a notice in a local paper about the inquiry (8.4.11)
At least 2 weeks before the inquiry	Receive details from the LPA about the inquiry	Displays a notice on site giving details of the inquiry	Notifies interested people about the inquiry arrangements (8.4.11)
No later than 10 working days before the inquiry		If there is one, sends us the draft planning obligation (See 10.3)

8.4.3. The inquiry procedure

8.4.3.1. An inquiry provides for the investigation into, and formal testing of, complex and/or technical evidence, usually through expert witnesses, including by the use of giving evidence on oath and cross-examination. Parties may be formally represented by advocates. The site may be visited before, during or after the inquiry.

8.4.3.2. We may, at any point before the appeal decision, ‘combine’ procedures. Please see section 5.3 for further information.

8.4.4. The appellant

8.4.4.1. The appellant must submit:

• their appeal
• a copy of the enforcement notice
• other essential supporting documents detailed on the appeal form

At the same time, they must copy the appeal to the LPA.

8.4.4.2. The appeal form should disclose the appellant’s case through all the grounds they are appealing on and supporting facts and any available supporting evidence.

8.4.4.3. If the appellant states on the appeal form that an inquiry would be most appropriate, they should also state:

• the expected number of witnesses
• topics to be addressed by witnesses
• whether there will be legal representation
• an estimate for the overall inquiry length.

8.4.4.4. The appellant should be realistic. The estimate should include time for opening and closing statements, any sessions on conditions and planning obligations and the time they consider may be necessary for questions to be put to both their and the LPA’s witnesses and to interested people. If the appellant has instructed an advocate, they should get their views on the likely length of the inquiry.

8.4.5. The appeal questionnaire

8.4.5.1. The LPA must send a completed appeal questionnaire and copies of all the relevant documents to us and to the appellant within 2 weeks of the start date of the appeal. The LPA must indicate on its questionnaire which appeal procedure it considers appropriate, taking account of the criteria. If this differs from our choice, we will review the procedure.

8.4.5.2. If, the LPA agrees that the case ought to be dealt with by inquiry, the expected number of witnesses, topics to be addressed by witnesses, time estimates for the overall inquiry length and the presentation of the LPA’s case and whether there will be legal representation should be included with the questionnaire.

8.4.6. Setting the length of the inquiry

8.4.6.1. We will take account of the initial estimates we receive from the appellant and the LPA and our own experience when we set the likely length of the inquiry. Once set we will expect the length of the inquiry to stay within the agreed timetable. A form may be sent later in the process asking for more detailed information on the duration of the inquiry, including detailed information about witnesses and evidence.

8.4.7. Notification to interested people

8.4.7.1. Within 2 weeks of the start date the LPA must notify the following people that an appeal has been made:

• Anyone served with a copy of the enforcement notice
• Anyone that occupies a property in the locality of the appeal site
• other person who, in the opinion of the LPA, is affected by the alleged breach of planning control.

The notification must include:

• a description of the alleged breach of planning control
• a statement of its reasons for issuing the notice
• the steps required to be taken by the enforcement notice
• the appellant’s grounds of appeal against the notice
• the appeal procedure
• an invitation to interested people to make their views known by submitting their views online through the search facility within 6 weeks of the start date of the appeal (If the interested person cannot submit their comments online, the LPA will provide details of how to submit representations by alternative methods)
• that their views will be disclosed to the appeal parties unless they are withdrawn before the 6 weeks deadline
• that the Planning Inspectorate will not acknowledge receipt of representations
• that they can get a copy of our booklet guide to taking part in enforcement appeals and lawful development certificate appeals proceeding by inquiry free of charge from the LPA, or on its website, or on the GOV.UK website
• when and where the appeal documents will be available for inspection
• that the decision will be published online.

8.4.7.2. We encourage local planning authorities to use the online model notification letter.

8.4.8. Interested people’s representations at the 6-week stage

8.4.8.1. To make sure that the Inspector takes their views into account, interested people should send their representations to us. If they send their representations to the LPA, the LPA may forward the representations to us for the Inspector’s attention, but they do not need to.

8.4.8.2. Representations should be submitted online using the search facility. If that isn’t possible, the LPA will tell interested people how to submit representations by alternative methods. These must be received within 6 weeks of the start date. We will copy any representations received to the appellant and the LPA. There is normally no further opportunity for interested people to make representations after the 6-week stage.

8.4.9. Statement of case

8.4.9.1. The appellant and LPA must submit a statement of case within 6 weeks of the start date of the appeal.

8.4.9.2. The statement of case:

• must include a list of documents, maps and plans the party intends to rely on
• should describe, but not contain, the evidence
• Should, in the appellant’s statement, refer to any policies or other documents not referred to by the LPA but considered to support the appellant’s case
• should not, normally, in the LPA’s statement introduce additional policies, except where the local policies have changed since the notice was issued
• should set out both the planning and legal arguments which a party intends to put forward at the inquiry
• should cite any statutory provisions and case law they intend to use in support of their arguments
• should focus on the areas of differences - as the areas of agreement will be in the statement of common ground (see 8.4.13).

8.4.10. Comments at 9 weeks

8.4.10.1. If either the appellant or the LPA wish to comment on the other parties’ appeal statements or on any representations made by interested people at the 6-week stage, they must send their comments to us within 9 weeks of the start date. These comments should not introduce new material. We will copy the comments to the other appeal party.

8.4.11. How people are notified about the inquiry

8.4.11.1. We will notify the appellant and the LPA of the date, time and place of the inquiry and the name of the Inspector who will conduct it.

8.4.11.2. We will ask the LPA to notify no later than 2 weeks before the inquiry starts:

• those with an interest in the land
• owners/occupiers of property near the site
• those who made representations on the appeal
• those entitled to appear at the hearing
• anyone else it considers to be affected by or interested in the alleged breach of planning control.

8.4.12. Pre-inquiry meeting or pre-inquiry note

8.4.12.1. The Inspector may choose to hold a pre-inquiry meeting to discuss the programming of the inquiry and other matters. We will give at least 2 weeks written notice of a pre-inquiry meeting to all appeal parties and any other person the Inspector thinks should attend.

8.4.12.2. Or the Inspector may issue pre-inquiry notes to the parties covering the same matters that would be dealt with in a meeting.

8.4.13. Statement of common ground

8.4.13.1. The appellant and the LPA must prepare a statement of common ground together which we must receive at least 4 weeks before the inquiry. The appellant is expected to send it to us.

8.4.13.2. A statement of common ground should identify where the appellant and the LPA agree and where they differ. This allows the other documents and the inquiry to focus on areas still at issue and reduce time wasted.

8.4.13.3. The statement should:

• be a single document, compiled and signed by the main parties
• be concise and not duplicate information already sent
• describe the site, the surrounding area, important features and the planning history
• include relevant statutory and emerging development plan policies, their status, and the suggested weight to be attached to them
• identify and provide the reference numbers of any relevant appeal decisions in connection to the site or neighbouring sites
• identify whether there is/is not agreement over measurements, identify agreed elements of the evidence and any technical studies that have been undertaken
• if there is a ground (a) appeal, say if the main parties agree that a reason for issuing the notice can be resolved by conditions and if so, include a list of suggested conditions (agreed and not agreed) which should meet the tests in paragraph 206 of the National Planning Policy Framework (see Section 10 for further information)
• where case law is cited, include the full Court report/transcript
• identify whether there are planning obligations which would satisfactorily address one or more of the reasons for issuing the notice (see Section 10 for further information)

8.4.13.4. There is a statement of common ground form available online. Appellants and LPAs can complete that form, save it to their device and email to the other party and, when finalised, to us.

8.4.14. Proofs of evidence

8.4.14.1. Proofs of evidence is a document which contains the written evidence that a person appearing at the inquiry will speak about.

8.4.14.2. The appellant and LPA must submit proofs of evidence at least 4 weeks before the inquiry.

8.4.14.3. Proofs of evidence should:

• include the information that witnesses representing the appellant or the LPA wish the Inspector to take into account
• revisit the suggested conditions set out in the statement of common ground (If the appeal is on ground (a))- see Section 10 for further information on conditions
• cover only areas which remain at issue and should not include new evidence or arguments
• contain concisely expressed argument and evidence supported by technical appendices
• where case law is cited include the full Court report/transcript reference and cross refer to a copy of the report/transcript
• include any data that will be referred to, and outline any assessment methodology and the assumptions used to support the arguments
• not repeat or quote national or local policy, but should provide policy and paragraph numbers
• not include long irrelevant biographical detail of the witness.

8.4.14.4. Witnesses and their advocates should limit the length of proofs. If the proof exceeds 1500 words, a summary should also be provided. It is the summary that will be read out at the inquiry.

8.4.14.5. If proof of evidence contains evidence given by expert witness, see section 9.4.

8.4.15. Rule 6

8.4.15.1. Under rule 6 (6) of the Enforcement Inquiry Procedure Rules (rule 8 for appeals determined by the Secretary of State – see 8.4.1), we can require any interested person that will attend the inquiry to submit a statement of case. They should send their statement of case to us. We will copy the statement of case to the LPA and the appellant.

8.4.15.2. An interested person that is required to submit a statement of case under this rule, becomes a ‘rule 6 party’. We treat rule 6 parties like the main parties. For example, rule 6 parties will receive copies of the documents sent by us to the other main parties and can take part in drafting the statement of common ground. An interested person may apply for rule 6 status.

8.4.15.3. For further information, please see our Guide to Rule 6 for interested parties involved in an inquiry - enforcement appeals and certificate of lawful use or development appeals – England.

8.4.16. Late submissions

8.4.16.1. Sticking to the timetable is fundamental to a fair and efficient appeal service. Normally If we receive a document after the relevant deadline, we will return it and it will not be seen by the Inspector. See the inquiry timetable in 8.4.2.

8.4.16.2. However, the Inspector can, at their discretion, accept a late document. They will need an explanation for why it was late, an explanation of how the material contained in it is relevant and to seek the opposing parties’ views on whether it should be accepted.

8.4.16.3. The Inspector will only accept a late document if they are satisfied that:

• the content of the statement is not covered in evidence already received
• that it is directly relevant and necessary for their decision
• that it would be procedurally fair to all parties.

8.4.16.4. If the Inspector does accept a late document, this may disrupt the appeal timetable. In this case, the party that submitted the late document opens themselves up to a costs award as a result either of a costs application by another party or at the initiation of the Inspector. See section 2.2 for further information on costs.

8.4.16.5. For further information on late submissions, please see section 9.1.

8.4.17. Openness and transparency

8.4.17.1. 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.

8.4.17.2. If anyone wants 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, they should contact us and the LPA in advance to discuss arrangements.

8.4.18. Audio/video evidence

8.4.18.1. We will return any audio/video evidence sent to us in advance of the inquiry. You may send a written summary which will be seen by the Inspector, and the main parties. Please send this within the 6-week deadline for representations. Also, you may ask the Inspector at the inquiry if he or she is willing to accept the audio/video evidence and allow it to be played at the inquiry.

8.4.18.2. 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.

8.4.18.3. 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 as if the Inspector allows it to be played these copies will be given to the main parties Our Case Officer will be able to tell you how many copies you will need to provide.

8.4.19. Virtual events

8.4.19.1. The planning Inspectorate conducts 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.

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

9. Other issues

9.1. Late evidence/change in circumstance

9.1.1. Whilst we do not usually accept documents submitted after the relevant deadline, sometimes a change in circumstances can mean that we accept late documents on the basis that the parties would not reasonably have been able to comment on the change in circumstances within the deadlines. This includes but is not limited to:

• New or emerging policies – the LPA must alert us in writing, as soon as possible, of any newly adopted or emerging policies that are relevant to the appeal - it should indicate the anticipated date of adoption of any emerging policy (the appellant may also do this in writing)
• A relevant decision is made on another case - the LPA must alert us in writing, as soon as possible, if it makes a decision (either to grant or refuse planning permission or to issue an enforcement notice) on a similar development and it should alert us if it becomes aware of a decision on an appeal that is relevant (the appellant may also do this in writing)
• New legislation or national policy - If anyone considers that changes to legislation or Government policy or guidance are a material consideration, they should inform us, in writing, as soon as possible.

9.1.2. In any of these scenarios, we make the decision on whether to accept late submissions.

9.1.3. If we decide to accept late submissions, we will agree a date for the receipt of further representations and we will invite all parties (including interested people) to comment.

9.1.4. The appeal timetable may be affected by late submissions.

9.2. Postponements, adjournments and abeyance

9.2.1. We usually resist postponements and adjournments due to the delay and disruption they cause. We will not put cases into abeyance unless there are exceptional reasons.

9.3. Linking appeals

9.3.1. We may decide to link appeals that relate to the same site to minimise the use of resources for all parties. We will make decisions to link on a case-by-case basis.

9.4. The role of expert evidence

9.4.1. Expert evidence is evidence that is given by a person who is professionally qualified to express an opinion on a particular subject. It can be used in all 3 procedures.

9.4.2. It is the duty of an expert to help the Inspector. This duty overrides any duty the expert may have to the party that involved them in the appeal or that is paying them.

9.4.3. The evidence should be accurate, concise, and complete and should represent the expert’s honest and objective opinion. If the expert belongs to a professional body that has a code of practice on professional conduct dealing with giving evidence, the expert is expected to comply with the code.

9.4.4. Expert evidence should include an endorsement such as that set out below or similar (such as that required by a particular professional body):

“The evidence which I have prepared and provide for this appeal reference APP/xxx (in this proof of evidence, written statement or report) is true [and has been prepared and is given in accordance with the guidance of my professional institution] and I confirm that the opinions expressed are my true and professional opinions.” This will enable the Inspector and others involved in an appeal to know that the material in a proof of evidence, written statement or report is expert evidence. 9.4.4.1 Giving expert evidence does not prevent an expert from acting as an advocate so long as it is made clear through the endorsement or otherwise what is expert evidence and what is not.

9.5. Contacting us

9.5.1. To discuss a particular appeal please contact our Case Officer – the LPA can provide their details, or they can be found online using the search facility. For general enquiries our contact details are:

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

Customer Form: Customer Services and general enquiries.

Email: enquiries@planninginspectorate.gov.uk

Helpline: 0303 444 5000

10. Conditions and Planning Obligations

10.1. Background

10.1.1. Conditions and planning obligations are only used in enforcement appeals if the appellant pleads ground (a) – see paragraph 4.2.1.

10.2. Conditions

10.2.1. If the appellant pleads ground (a), or there is a linked appeal proceeding by section 78 of the Town and Country Planning Act 1990, they should state either on their appeal form or on a separate document when sending in their week-6 statement, whether they would accept or can suggest a planning condition which they think would mitigate the impact of the alleged development.

10.2.2. The LPA should do this either on their questionnaire or as a separate document when sending its week-6 statement.

10.2.3. The appellant and LPA should look at the planning practice guidance on the use of planning conditions; and Appendix A – “Suggested Models of Acceptable Conditions for Use in Appropriate Circumstances” (which is still in existence) to Circular 11/95: Use of conditions in planning permission (which has been cancelled).

10.2.4. The fact that conditions are suggested does not mean that the appeal will be allowed and planning permission granted or that, if allowed, conditions will be put on the permission. A hearing or inquiry will usually include a discussion about the conditions which may be imposed if the enforcement appeal is successful on ground (a) or a linked section 78 appeal is successful.

10.3. Planning obligations

10.3.1. For guidance on how to use planning obligations please see our good practice guide to planning obligations.

10.3.2. Deadlines for the receipt of planning obligations

10.3.2.1. If the appeal is proceeding by written representations and the appellant intends to submit a planning obligation and wants to be certain that it will be taken into account by the Inspector, they must make sure that it is executed, and a certified copy is received by us no later than 9 weeks from the start date

10.3.2.2. Planning obligations received after this date will be taken into account only at the Inspector’s discretion as they will not delay the issue of a decision to wait for an obligation to be executed, unless there are very exceptional circumstances.

10.3.2.3. If the appeal is proceeding by hearing or Inquiry, there should be a continuous dialogue between the parties in the run up to the hearing or inquiry about the state of the draft section 106 agreement to ensure that the final draft is as good as it can be.

10.3.2.4. If the appellant intends to send a planning obligation, they should make sure that a final draft, agreed by all parties to it, is received by us no later than 10 working days before the hearing or inquiry opens. The Inspector’s and other parties’ ability to prepare for the hearing or inquiry is likely to be significantly hampered if this deadline is not met.

10.3.2.5. We ask for a final draft, rather than an executed planning obligation, to allow for the possibility that the wording may need to be changed as a result of discussion and examination during the hearing or inquiry. Nonetheless the planning obligation should normally be executed before the hearing or inquiry closes, without the need for an adjournment. However if that is not practicable the Inspector will agree the details for the receipt of the planning obligation with the appellant and the local planning authority at the hearing or inquiry.

11. The Decision

11.1. When made, the decision will be published online and can be viewed using the search facility.

12. Complaints, challenges and feedback

12.1. Challenge an administrative decision

12.1.1. If the appellant, LPA or an interested person believe that we have made an incorrect administrative decision in the way we have processed the appeal, they should write to our Case Officer giving clear reasons why they think we should review our decision. We will review the decision and if we choose to stick with the original decision, we will explain why.

12.1.2. There is no statutory right to challenge an administrative decision in the High Court. However, it is possible to make an application for judicial review. Rule 54.5(5) of the Civil Procedure Rules 1998 (as amended) requires that an application for judicial review relating to a decision of the Secretary of State (our administrative staff make decisions about the processing of an appeal on behalf of the Secretary of State) under the planning acts, must be made not later than 6 weeks after the grounds to make the claim first arose.

12.1.3. However, if the appeal is decided before the end of this time limit then the only way to challenge decisions by administrative staff would be as part of the challenge to the appeal decision itself through the High Court (see 12.4).

12.2. Complaints

12.2.1. 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 our Customer Quality team who are independent of the teams that process cases. All complaints are investigated thoroughly and impartially. See our guide to our complaints procedure.

12.3. Slip rule

12.3.1. Please note that, once issued, we are unable to change the appeal decision. The only way to do so is a successful High Court challenge.

12.3.2. However, under section 56 of the Planning and Compulsory Purchase Act 2004, we have the power to correct certain types of errors on our decision notices. This is known as the ‘Slip Rule’. The only corrections we can make are ones which would not alter or vary the appeal decision.

12.3.3. If any person wants us to consider correcting a decision, they should explain clearly what error they think has been made.

12.3.4. Any request must be received within the High Court challenge period (see 12.4.3).

12.3.5. On receipt of a request, we will decide whether a correction should be made. If we issue a correction notice, it will be accompanied by an amended decision (superseding the original decision) which has full legal status. That decision will carry a fresh date and will replace (and be subject to the same provisions as) the original in all respects.

12.3.6. To make a request, contact the Customer Quality team:

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

Phone: 0303 444 5000

Email: feedback@planninginspectorate.gov.uk

12.4. High Court challenges

12.4.1. There is a statutory right to challenge the decision on whether to allow or dismiss the appeal (the appeal decision) in the High Court. To do this, you must first apply for permission to submit the challenge.

12.4.2. There is a statutory right to challenge costs decisions made on appeals where planning permission or listed building consent is granted, or a condition varied or discharged, in the High Court. you must first apply for permission to submit the challenge. All other Costs decisions can be challenged by judicial review (see 12.1.2).

12.4.3. Deadlines

12.4.3.1. Where a ground (a) appeal against an enforcement notice is allowed, permission to make a challenge must be sought within 42 days (6 weeks) beginning with the day after the date of the appeal decision – this period cannot be extended.

12.4.3.2. If challenging any other decision on an enforcement notice appeal, permission to make a challenge must be sought within 28 calendar days of the date of the decision. The Court can extend this period if it considers there is good reason to do so.

12.4.3.3. Where a ground (e) appeal against a listed building enforcement notice is allowed, permission to make a challenge must be sought within 42 days (6 weeks) beginning with the day after the date of the appeal decision.

12.4.3.4. If challenging any other decision on a listed building enforcement notice appeal, permission to make a challenge must be sought within 28 calendar days of the date of the decision. The Court can extend this period if it considers there is good reason to do so.

12.4.3.5. If challenging a costs decision made on an appeal where planning permission or listed building consent is granted, or a condition varied or discharged, permission to make a challenge must be sought within 42 days (6 weeks) beginning with the day after the date of the costs decision - this period cannot be extended.

12.4.4. Eligibility for making a challenge

12.4.4.1. If the decision is that a ground (a) appeal against an enforcement notice is allowed, any aggrieved person may make a High Court challenge.

12.4.4.2. If the decision is that a ground (e) appeal against a listed building enforcement notice is allowed, any aggrieved person may make a High Court challenge.

12.4.4.3. If the decision is a costs decision made on appeal where planning permission or listed building consent is granted, or a condition varied or discharged, any aggrieved person may make a High Court challenge.

12.4.4.4. For any other appeal decision on both enforcement notice and listed building enforcement notice appeals, only the appellant, LPA or any person with an interest in the land to which the notice relates (see paragraph 2.6.2) can make a High Court challenge.

12.4.4.5. Other aggrieved people may apply for judicial review by the Courts. The claim form must be filed with the Administrative Court not later than 6 weeks after the grounds to make the claim first arose. The Administrative Court can tell you more about how to do this – see 12.4.8.

12.4.5. Further guidance on High Court challenges

12.4.5.1. Please see the Administrative Court’s detailed guidance on making a High Court challenge for further information:

• Administrative Court: bring a case to the court
• Administrative Court

12.4.6. If a challenge succeeds

12.4.6.1. The appeal returns to the Planning Inspectorate for ‘re-determination’. Please note that the Inspector re-determining the appeal may come to the same decision that gave rise to the challenge but for different or expanded reasons. We usually appoint a different Inspector to make the decision.

12.4.6.2. We give priority to re-determination cases and they are usually handled quickly.

12.4.6.3. Where the appeal was originally dealt with by written representations, we would normally re-determine it by means of further written representations. However, where there has been a material change in circumstances, we may opt for a different procedure, having regard to the published criteria.

12.4.6.4. Where the appeal was originally dealt with by hearing, we would normally re-determine it with an inquiry because we consider that an inquiry would be needed to fully examine the legal issues raised in court. However, where all parties agree that a hearing would be appropriate, we will take this into account when determining the procedure for the re-determined appeal.

12.4.6.5. Where the appeal was originally dealt with by an inquiry, we would normally re-determine it with an inquiry.

12.4.6.6. All the documents from the original appeal will be seen by the Inspector appointed to the re-determination. Where there have been significant changes in circumstances (For example, new legislation or local or national policies) since the original decision, the Inspector would normally allow parties to submit further evidence to address these.

12.4.6.7. The redetermination will not normally follow the usual timetables. We will write to the main parties, and interested parties if appropriate, to let them know what will happen.

12.4.6.8. Arrangements for redetermination of costs decisions may differ, particularly where the related enforcement appeal decision has been upheld.

12.4.6.9. We would normally try to agree dates for a hearing or an inquiry through our standard procedure. Where the re-determined case is proceeding by written representations, we would normally contact the parties to make arrange for a further site visit, unless it has been agreed that a further site visit is unnecessary.

12.4.7. Implementing planning permission/commencing development before the time limit for a High Court challenge passes

12.4.7.1. There is a risk in implementing a planning permission/commencing development before the High Court challenge time limit has expired. This is because if the planning permission is quashed by the Court, development will become unlawful. The LPA may consider taking enforcement action against development that exists without a valid planning permission.

12.4.8. Further information

12.4.8.1. Further advice about making a High Court challenge can be obtained from:

Administrative Court at the Royal Courts of Justice
Queen’s Bench Division
Strand
London
WC2A 2LL

Phone: 020 7947 6655

The Administrative Court’s GOV.UK website

12.4.8.2. The contact details of our High Court team are:

High Court Team
The Planning Inspectorate
Temple Quay House
2 The Square,
Bristol
BS1 6PN

Phone: 0303 444 5000

Email: HighCourt@planninginspectorate.gov.uk

12.4.8.3. To contact the Ombudsman:

The Parliamentary & Health Service Ombudsman
Millbank Tower
Millbank
London
SW1P 4QP

Helpline: 0845 0154033

Email: phso.enquiries@ombudsman.org.uk

Ombudsman website

12.5. Feedback

12.5.1. 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.

13. Getting help

13.1. The following organisations offer free, independent and professional planning advice to communities and individuals who cannot afford to pay professional 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

Advocate Website

14. How we use your personal information

14.1. 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.