Guidance

Criteria for determining the procedure for planning, enforcement, advertisement and discontinuance notice appeals

Published 21 April 2022

Applies to England

These criteria are guidelines - it may not always be clear which procedure is appropriate. We will use the criteria and the evidence available to determine the procedure on a case by case basis.

1. Written representations

written representations would be appropriate if:

• the planning issues raised or, in an enforcement appeal, the grounds of appeal, can be clearly understood from the appeal documents and a site inspection (if required (A small number of appeals do not require a site visit and can be dealt with on the basis of the appeal documents))
• the issues are not complex and the Inspector is not likely to need to test the evidence by questioning or to clarify any other matters
• in an enforcement appeal the alleged breach, and the requirements of the notice, are clear

2. Hearing

a hearing would be appropriate if:

• the Inspector is likely to need to test the evidence by questioning or to clarify matters (for example where detailed evidence on housing land supply needs to be tested by questioning)
• the status or personal circumstances of the appellant are at issue (for example whether in traveller appeals the definition in Annex 1 of the Department for Levelling Up, Housing and Communities planning policy for traveller sites is met, or in agricultural dwelling appeals)
• there is no need for evidence to be tested through formal questioning by an advocate or given on oath
• the case has generated a level of local interest such as to warrant a hearing (Where the proposal has generated significant local interest a hearing or inquiry may need to be considered. In such circumstances the local planning authority should indicate which procedure it considers would be most appropriate taking account of the number of people likely to attend and participate at the event. We will take that advice into account in reaching the decision as to the appropriate procedure)
• it can reasonably be expected that the parties will be able to present their own cases (supported by professional witnesses if required) without the need for an advocate to represent them
• in an enforcement appeal, the grounds of appeal, the alleged breach, and the requirements of the notice, are relatively straightforward

3. Inquiry

an inquiry would be appropriate if:

• there is a clearly explained need for the evidence to be tested through formal questioning by an advocate (This does not preclude an appellant representing themselves as an advocate)
• the issues are complex (for example where large amounts of highly technical data are likely to be provided in evidence)
• the appeal has generated substantial local interest to warrant an inquiry as opposed to dealing with the case by a hearing (where the proposal has generated significant local interest a hearing or inquiry may need to be considered. In such circumstances the local planning authority should indicate which procedure it considers would be most appropriate taking account of the number of people likely to attend and participate at the event. We will take that advice into account in reaching the decision as to the appropriate procedure)
• in an enforcement appeal, evidence needs to be given on oath (for example where witnesses are giving factual evidence about how long the alleged unauthorised use has been taking place)
• in an enforcement appeal, the alleged breach, or the requirements of the notice, are unusual and particularly contentious.

Note - It is considered that the prospect of legal submissions being made is not, on its own, a reason why a case would need to be conducted by inquiry. Where a party considers that legal submissions will be required (and are considered to be complex such as to warrant being made orally), the Inspectorate requires that the matters on which submissions will be made are fully explained – including why they may require an inquiry - at the outset of the appeal or otherwise at the earliest opportunity.