Guidance

Guide to Rule 6 for interested parties involved in an inquiry – planning appeals and called-in applications

Updated 12 September 2024

Applies to England

© Crown copyright 2024

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This publication is available at https://www.gov.uk/government/publications/apply-for-rule-6-status-on-a-planning-appeal-or-called-in-application/76f9041f-aed3-42c0-a997-3a1d021a8b4f

1. Rule 6 Status 

1.1. There are two sets of Inquiry Procedure Rules which may be relevant to the appeal you are interested in: 

  1. The Town and Country Planning Appeals (Determination by Inspectors) (Inquiries Procedure) (England) Rules 2000 (Statutory Instrument 2000/1625) - These are used where the appeal will be decided by an Inspector on behalf of the Secretary of State. This will be the case for almost all appeals.

  2. The Town and Country Planning (Inquiries Procedure) (England) Rules 2000 (Statutory Instrument 2000/1624) - These are used where the appeal will be decided by the Secretary of State.
     

‘Rule 6 status’ refers to Rule 6(6) of the Inquiries Procedure Rules.

  1.2.  Rule 6(6) states that:    “The Secretary of State may in writing require any other person, who has notified him of an intention or wish to appear at an inquiry, to send within 4 weeks of being so required –    a 3 copies of their statement of case to him; and  b a copy of their statement of case to any statutory party,    and the Secretary of State shall, as soon as practicable after receipt, send a copy of each such statement of case to the local planning authority and to the applicant/appellant.” 

  1.3. Rule 6 parties have the responsibility to send us a statement of case (see section 3). They also have rights which are explained in this guide.    

1.4. With Rule 6 status you will be considered a main party. You will be sent copies of the documents sent to us by the other main parties - the appellant (the person making the appeal), the LPA and any other Rule 6 parties. You will be entitled to appear at the inquiry and to ‘cross- examine’ other parties (to question witnesses about their evidence).

2. How to apply for Rule 6 status?

2.1. If you wish to take an active part in an inquiry you should write to our case officer requesting Rule 6 status. However, to avoid making the inquiry too repetitive, we encourage participants with similar views to group together and choose a spokesperson to appear at the inquiry on the group’s behalf. You should state who you are representing (for example, a parish council or local community group) why you want Rule 6 status and briefly explain what you can bring to the inquiry that another party may not. If you are a group/organisation making the request, information on whether or not the group/organisation is incorporated (for example, a limited liability company), has a written constitution, officers, a membership list, holds regular meetings and has an address (for example, a registered address if a limited liability company) should be included with your request. It is unusual for Rule 6 status to be granted to individuals

2.2.  Rule 6 parties can offer significant value to inquiries. However this is only the case where Rule 6 parties add substantively to the case being made by the LPA or the appellant (for an appeal) of the applicant (for an application which has been ‘called -in’).

2.3. Depending on whether you oppose or support the appeal/application, you may wish to consult the LPA or the appellant to find out what their position will be at the inquiry. This will help you to decide whether your position can be satisfactorily represented by them. If this is the case, you would not need to ask us for rule 6 status. 

2.4. We will review your request and decide whether rule 6 status will be granted in line with the considerations in 2.1 - 2.3. 

2.5. For the inquiry timetable, please see:

It is very important for all parties to keep to the timetable for the receipt of documents. You may wish to familiarise yourself with the content of the relevant Procedural Guide depending on whether you are interested in a planning appeal or a called – in application.  

3. Statement of case 

3.1. We will instruct Rule 6 parties to send us a statement of case, usually within 4 weeks of the date of our letter which grants Rule 6 status.

3.2.  For further information please see:

3.3. You must send us one copy of your statement of case for the Inspector and one each for the appellant or applicant, the local planning authority (LPA) and any other Rule 6 parties. On larger inquiries where 2 Inspectors are appointed, or where an additional copy of documents is required for the Secretary of State, we will ask you to provide 2 copies for the Inspector(s). 

4. Statement of common ground 

4.1. The appellant/applicant and the LPA must jointly prepare a statement of common ground. This should list all agreed matters and should include basic facts such as the site description, area, planning history, relevant planning policies, and as many other matters as possible relating to the application. 

4.2. For further information please see:

4.3. With the agreement of the appellant/applicant and the LPA, Rule 6 parties can also agree a statement of common ground. This will establish those matters which are agreed with the main parties, which means that the inquiry can then focus on the issues which are in dispute (uncommon ground). If you wish to do this you should contact the appellant/applicant and the LPA at the earliest opportunity - even if this is before you have asked us for “Rule 6 status”. The LPA will be able to tell you the deadline for the agreed statement of common ground. 

4.4. If there is more than one Rule 6 party it can also be helpful if they can jointly produce a statement of common ground. 

5. Proofs of evidence 

5.1. A ‘proof of evidence’ is the document containing the written evidence about which a person appearing at a public inquiry will speak. Please see 11.12 of the Planning Procedural Guide. 

5.2. The main role of a proof of evidence is to allow witnesses to: 

  • have previously provided evidence in one document which helps them to present their case at the inquiry.
  • give their professional opinion or opinion based on local knowledge on evidence provided by other parties in their statements of case. 

5.3. If the proof of evidence includes evidence given by an expert witness please see 15 in the Planning Procedural Guide.

6. Core documents 

6.1. These are documents that are of general/background relevance to the inquiry. With the agreement of the other parties, a document that will be referred to by more than one party can be added to the core documents list. Either the LPA or appellant/applicant may coordinate the core documents list. If you wish to suggest inclusion of a core document you should provide copies of that document to the appellant/applicant, the LPA and to any other statutory party. 

6.2. If you want to refer to a document and it is not on the core document list, it needs to be provided with your statement of case. 

7. Sending documents to us electronically 

7.1. Whilst we encourage electronic working, we strongly encourage parties additionally to provide hard copies of certain documents such as statements of case, proofs of evidence and appendices to ensure the smooth running of the inquiry. If any document is sent electronically we may ask you to provide hard copies if the document is particularly lengthy. Any printed copies must be of the final versions provided to us. Do not use hyperlinks within documents you send.

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

8. Case Management conference 

8.1. This will take place with the appellant, LPA, any Rule 6 party and anyone else invited by the Inspector. 

8.2. A pre-conference note will be sent out in advance. This will set out what the Inspector considers the main issues are and any other matters that may need to be addressed. The note will set out how the Inspector thinks that the evidence can best be addressed in order to conduct the inquiry efficiently. 

8.3. The parties are requested to consider these matters, which will be discussed at the conference. The note will include an agenda and a reminder of case conference call etiquette. 

8.4. The matters to be discussed will be decided by the Inspector but will include: 

  • a preliminary identification of the main issues 

  • consideration of whether the evidence would be most efficiently dealt with through a topic-by-topic approach  

  • identification of parts of the evidence that could be dealt with in a round table discussion or written representations rather than formal cross-examination - this is known as ‘combining’ procedures. Please see 6.3 of the Planning Procedural Guide for further information

  • agreement on further matters through position statements, topic papers or updated statements of common ground. 

8.5. A note of the proceedings, which will include the Inspector’s decision on how the evidence is to be dealt with, will be produced within 5 working days of the case conference. 

9. Pre-inquiry meetings 

9.1. When a planning inquiry is likely to last 8 or more days a pre- inquiry meeting is usually held, although one may be held before a shorter inquiry. A pre-inquiry meeting is a public meeting but it is principally for the benefit of the Inspector and main parties. We will invite Rule 6 parties to attend the meeting. 

9.2. The purpose of the meeting is to prepare for the actual inquiry by discussing procedural and other arrangements. No evidence about the case will be heard at the meeting. The meeting should help to ensure that the inquiry runs efficiently and will help everyone to concentrate on the main issues, saving time and expense for all. 

10. Openness and transparency 

10.1. 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. 

10.2. 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. 

11. Use of artificial intelligence (AI) in casework evidence

11.1. If you use AI to create or alter any part of your documents, information, or data, you should tell us that you have done this when you provide the material to us. See the detailed guidance for further information.

12. Inquiry arrangements

12.1. We ask the LPA to arrange the inquiry venue. Inquiries are usually held in LPA offices, village halls or community centres. For further information please see the Planning Inspectorate’s The venue and facilities for public inquiries and hearings 

12.2. We will notify the appellant/applicant, the LPA, rule 6 parties and every person entitled to appear at the inquiry of the date, time, place and expected length of the inquiry and the name of the Inspector. 

12.3. 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 you have particular needs, please contact the LPA to confirm that they can make proper arrangements. 

12.4. Inquiries usually open on a Tuesday at 10:00. Unless there has been a pre-inquiry meeting (see section 9 above) the Inspector will agree the sitting times with the main parties at the start of the inquiry. It is often agreed that the inquiry will start at 9:30 on subsequent days. Inquiries usually sit until about 17:00 or 17.30 each day but may finish earlier on a Friday. There will usually be a mid-morning and mid- afternoon break and a 1 hour break for lunch. The Inspector should not be approached during breaks as other participants in the inquiry would not know what was being said. Inquiries do not usually sit on a Monday. 

12.5. At the discretion of the Inspector, and dependent on a suitable inquiry venue being available, an evening inquiry session is occasionally held if there are a significant number of interested parties who cannot attend during the daytime inquiry sessions.

12.6. In some cases, the inquiry may be held ‘virtually’ where participants connect remotely to an online video conference. We may also be able to offer a ‘blended’ event which has both physical and virtual elements. For further information on participating in virtual events.

13. Advocates 

13.1. There is no requirement for anyone to be legally represented by a solicitor or barrister. However, usually each of the main parties at an inquiry have an advocate representing them. Advocates do not need to have legal qualifications. Their role is to present their party’s opening statement, go through each of their witness’s evidence in chief, cross-examine the opposing parties’ witnesses, and present their party’s closing statement. When advocates are inexperienced the Inspector will assist and advise, where necessary, of the procedures to be followed.

13.2. If a Rule 6 party does not have an advocate, then one of their witnesses can act as advocate. This is especially important if you wish to cross-examine any of the other main parties. If you do not nominate somebody to be your advocate then you will need to introduce yourself to the inquiry and present your proof of evidence without anyone taking you through it. 

14. What happens at the inquiry? 

14.1. An inquiry is the most formal of the appeal procedures, and it usually involves larger or more complicated appeals. 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. Often expert evidence is presented and witnesses are cross-examined 

14.2. The Inspector will normally have seen the site location and the surrounding area before the inquiry event but will normally make a further accompanied visit during or after the inquiry. 

14.3. When the Inspector opens the inquiry on the first day they will firstly deal with any ‘housekeeping’ matters (such as what the inquiry is about, where the fire exits are for an in-person event etc). The Inspector will then usually give an outline of what will happen at the inquiry. The Inspector will ask whether there are any interested parties who wish to speak at the inquiry, this is often called ‘taking the appearances’. 

14.4. The order of appearances is at the discretion of the Inspector who will usually consider the views of the parties and the particular circumstances of the case. The Inspector will make it clear at the start of the inquiry what the order of appearances will be.

14.5. Each of the main parties will make their opening statements, which set out what their case will be. For a planning inquiry the order of these is usually the appellant/applicant, the LPA and then any Rule 6 parties. When the witnesses give their evidence it is usual for the LPA to go first, followed by any Rule 6 parties that oppose the appeal/application, then any Rule 6 parties that support the appeal/application and finally the appellant/applicant. The order may be different for called-in planning application inquiries. 

14.6. The Inspector will usually ask if you are willing to answer questions about your evidence. You do not have to do this. but, it may add weight to your evidence if you do. Do not feel intimidated-the Inspector will not let anyone ask you hostile or unfair questions. 

14.7. Each witness will be taken through their evidence by reading their summary proof of evidence and/or parts of their main proof. Leading question (a question in which the answer is suggested by the question) are not allowed (for example “Would you agree that…”). The witness then may be subject to cross-examination by opposing parties. 

14.8. Rule 6 parties should ensure that their cross-examination of other parties is succinct, fair and relevant to the planning matters at issue. 

14.9. If you object to the proposal, the appellant’s representative may ask you questions. If you support it, the LPA’s representative may ask you questions.

14.10. After cross-examination, parties can do what is called “re- examination”. If a witness has made a mistake or got in a muddle 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. A re- examination is not a chance to invite the witness to revisit clear answers given in cross- examination. 

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

15. At the end of the inquiry 

15.1. After the evidence has been heard the parties may make closing statements which are an opportunity to sum up their case. They are usually read out loud from a pre-prepared written version and this can be added to, by hand if necessary, before being given to the Inspector and other main parties. 

15.2. After the closing statements the Inspector will normally close the inquiry.  This is followed by the Inspector making arrangements to visit the appeal site. 

15.3. If the inquiry was closed before the site visit no further detailed discussion on the merits of the case will be permitted during the formal site visit. This is because it could lead to further oral evidence being given by one party or interested person and could compromise the fairness, openness and impartiality of the process.  The Inspector will be courteous but firm about not allowing any inappropriate discussions or comments to be made at the site visit. 

15.4. However, where the parties have referred in their evidence to certain physical characteristics of a site, building or area, the Inspector will allow those to be pointed out.

16. Costs

16.1. There is no cost to being a Rule 6 party other than what you may incur in preparing your evidence (for example, photocopying, binding and posting) and attending the inquiry. 

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

16.3. There is guidance about costs awards in the Ministry of Housing, Communities and Local Government’s (MHCLG) planning practice guidance

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

16.5. The Inspector will remind parties that any application for costs should be made before the end of the inquiry. 

17. The decision

17.1. If it is an inquiry into a called-in application or a “recovered” appeal to be decided by the Secretary of State, the Inspector will write a report with recommendations to the Secretary of State. Our Case Officer will normally write to the parties, within 10 working days of the close of the inquiry, to let them know the date by which the Secretary of State’s decision will be issued. 

17.2. For other appeals the decision will be made by the Inspector. 

17.3. When made, the decision (either by the Inspector or the Secretary of State) will be published on GOV.UK and can be viewed using the search facility

18. Complaints, challenges and feedback

18.1 Complaints

18.1.1. 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 the complaints procedure.  

18.2 Challenge an administrative decision

18.2.1. 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.

18.2.2. 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: 

18.3. High Court challenges

18.3.1. 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: 

18.4. Feedback

18.4.1. We welcome feedback about people’s experience of dealing with us. This can be provided to us at any time using the Customer Form: Customer Services and general enquiries.  

19. Contacting us

19.1. 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 

20. Getting help

20.1. You may also wish to contact the following organisations, who 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

Advice Line: 0303 123 9244

Switchboard: 020 7929 9494

Email: info@planningaid.rtpi.org.uk

Planning Aid website

The Environmental Law Foundation 

  Helpline: 0330 123 0169

Email: info17@.elflaw.org 

  The Environmental Law Foundation’s Website 

  Advocate   

Advocate DX
50-52 Chancery Lane
London
WC2A 1HL

DX: 188 London Chancery Lane

Telephone: 020 7092 3960 

Advocate Website

21. How we use your personal information

21.1. 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.

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