Guidance

Certificate of lawful use or development appeals: procedural guide

Updated 12 September 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 it seeks to establish good practice, as will Inspectors who may adapt them as necessary for an individual appeal whilst ensuring that no party is prejudiced. The guide is based on applicable rules. It should be read alongside the planning practice guidance published by the Ministry of Housing, Communities and Local Government (MHCLG).

1.2. Background

1.2.1. There are 3 types of lawful development certificate that may be applied for under section 191 and section 192 of the Town and Country Planning Act 1990 (as amended) and section 26H of the Planning (Listed Building and Conservation Areas) Act 1990 (as amended):

• section 191 – whether an existing use of buildings, land, operational development or activity in breach of a planning condition is lawful
• section 192 – whether a proposed use of buildings, land or operations intended to be carried out would be lawful
• section 26H – whether proposed works for the alteration or extension of a listed building would be lawful

1.2.2. An LDC for use or development under sections 191 and 192 is sometimes referred to as a ‘certificate of lawfulness of existing use or development’ (CLEUD) or ‘certificate of lawfulness of proposed use or development’ (CLOPUD). Both are commonly referred to as a LDC. This Guide uses the phrases ‘LDC application’ and ‘LDC appeal’.

1.2.3. The procedure for LDC is contained in Article 39 of the Town and Country Planning (Development Management Procedure) (England) Order 2015.

1.2.4. Once the local planning authority (LPA ) have received a valid LDC application, they must give the applicant written notice of their decision:

• within 8 weeks beginning with the day after the date on which the application is received
• or within any extended period that may have been agreed in writing between the applicant and the LPA:Local Planning Authority

1.2.5. A Listed building LDC for proposed works under section 26H is commonly referred to as a ‘listed building lawful development certificate’ (LB LDC). This guide uses the phrases ‘LB LDC application’ and ‘LB LDC appeal’.

1.2.6. The procedure for LB LDC is contained in the Planning (Listed Buildings) (Certificates of Lawfulness of Proposed Works) Regulations 2014 Statutory Instrument No 2014/552.

1.2.7. Once the LPA have received a valid LB LDC application, they must give the applicant written notice of their decision:

• within 6 weeks beginning with the day after the date on which the application is received
• or within any extended period that may have been agreed in writing between the applicant and the LPA

1.2.8. If an application for a LDC/LB LDC is:

• wholly or partly refused
• or is granted in a different form from the application
• or is deemed to have been refused where the LPA has not determined the application within the time-limit (see paragraphs 1.2.4 and 1.2.6)

the applicant has a right of appeal.

This right is given under section 195 of the Town and Country Planning Act 1990 (as amended)for LDC applications (Section 191 and 192 applications) and under section 26K of the Planning (Listed Building and Conservation Areas) Act 1990 (as amended) for LB LDC applications (section 26H applications).

1.2.9. The grant of a LDC following appeal applies only to the lawfulness of development in accordance with planning legislation. It does not remove the need to comply with any other legal requirements such as The Building Regulations 2010, or the Planning (Listed Buildings and Conservation Areas) Act 1990 (as amended) or other licensing or permitting schemes.

1.2.10. Once a certificate is granted the lawfulness of that use or operation is conclusively presumed, provided, in the case of a proposed development, that nothing material has changed that could affect lawfulness before development commences.

1.2.11. As per Section 191(2)(b) of the Town and Country Planning Act 1990 (as amended), a certificate cannot be granted that contravenes the requirements of an enforcement notice or a breach of condition notice then in force (See MHCLG’s guidance about breach of conditions notices) - this does not apply to LB LDC’s.

1.2.12. If we consider that an enforcement notice is in force which will prevent the grant of an LDC so that the appeal will be dismissed, we may write to the appellant (the person making the appeal) and explain this. If despite this the appellant proceeds with an appeal, without explaining why the LDC application is different to the enforcement notice, they may leave themselves open to an award of costs against them – pursuing an appeal in circumstances where an LDC cannot be granted could be seen as unreasonable behaviour. See section 2.2 for further information on costs.

1.2.13. From here on, where it refers to an LDC that includes an LB LDC unless the wording indicates differently.

2. Before an appeal is made

2.1. Responsibilities of the LPA and appellant

2.1.1. While the LPA should always co-operate with an LDC applicant asking for information about the planning status of the land by making records readily available they need not go to great lengths to show that the subject of the application is or is not lawful.

2.1.2. However, it is best practice for the LPA to have constructive discussions with applicants and, if it has any concerns, give the applicant the opportunity to amend the application and submit further evidence or supporting documents before it is decided. This should help to avoid the need to appeal, especially appeals where the LPA has failed to make a decision.

2.1.3. When refusing an application for an LDC the LPA should consider carefully whether it has a sufficiently strong case for doing so.

2.1.4. Clear reasons for refusal of the LDC application will help continued discussions and may mean that a new application with an amended proposal or with additional evidence would be the best way forward. LPA s should be open to discussions on whether it is likely to view what is described in an amended application as lawful.

2.1.5. Potential appellants should consider the reasons for refusal carefully when deciding whether to make an appeal. Appellants should be confident at the time they make their appeal that they have a clear case and do not need to rely on evidence that was not available to the LPA when it made its decision.

2.2. Costs

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

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

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

2.2.4. There is guidance about costs awards in the MHCLG’s planning practice guidance.

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

2.3. Eligibility for making an appeal

2.3.1. Only the person who made the application for an LDC can make an appeal.

2.4. Deadline for making an appeal

2.4.1. For appeals under section 195 (see paragraph 1.2.8), there is currently no time limit within which an appeal must be received. However, in the interests of efficiency, we would expect to receive a timely appeal (usually, within 6 months of the LPA’s decision or failure to determine).

2.4.2. An appeal under Section 26k (see paragraph 1.2.8) must be received by us within 6 months of the date of the LPA’s decision notice or the date by which the LPA should have decided the application.

3. Making an appeal

3.1. How to make an appeal

3.1.1. Appellants should use the Lawful development certificate appeals: how to complete your appeal form guide to help them complete the appeal form.

3.1.2. If an appellant wants to make an appeal in relation to more than one application, they must make a separate appeal for each.

3.1.3. Wherever possible the appellant should make their appeal online through the Appeals Casework Portal.

3.1.4. We encourage all parties to work electronically with us both online and by email. For further information about working electronically with us, please see our guide to communicating electronically with us

3.1.5. If a potential appellant does not have access to the internet, they should contact us and we will send them the relevant appeal form. See 9.4 for how to contact us.

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

3.2. Procedure preference

3.2.1. 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. For an explanation of each procedure, see section 8.

3.3. Appeal statement

3.3.1. As part of the appeal form, appellants must submit a statement. This should be a clear and concise statement of the appellant’s case and contain the reasons why they consider the development to be lawful.

3.3.2. The appellant should not withhold information at an early stage, to attempt to introduce additional evidence at a later stage.

3.3.3. The appeal statement should:

• explain clearly why the appellant disagrees with each of the reasons for refusal and respond to any counter evidence put forward by others *include the full report reference if any case law is cited
• not contain excessive detail of the site. The Inspector will observe details at the site visit
• include a history of the site including any relevant applications

3.3.4. For further guidance on what to include in the appeal statement, please see our guide Lawful development certificate appeals: how to complete your appeal form .

4. After the appeal is submitted

4.1. Validation

4.1.1 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

4.2. Procedure determination

4.2.1. Section 319A of the Town and Country Planning Act 1990 gives us the duty to determine the procedure. See section 9 for an explanation of the procedures.

4.2.2. In making our decision, we will consider the views of the appellant and the LPA, and the criteria for procedure determination will be applied. 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.

4.2.3. 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. Appeals proceeding by written representations will not normally be combined with other procedures. 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. Keeping to the timetable

5.1. You must keep to the timetables for each procedure and make sure that you send us the relevant documents within these deadlines. If we issue a notice requesting the submission of information or document required by us to progress the appeal, you must stick to the timetable set in such communication. This will mean that we can deal with the appeal(s) promptly and fairly.

5.2. If at any time before or during the determination of an appeal it appears to the Secretary of State that the appellant is responsible for undue delay in the progress of the appeal(s), the Secretary of State may give the appellant notice that the appeal will be dismissed unless the appellant takes, within the period specified in the notice, such steps as are so specified for the expedition of the appeal. Similarly, we expect the LPA to meet any requirement of regulations within the prescribed period and respond to our requests in a timely manner.

6. How the decision is made

6.1. The decision-maker

6.1.1. For almost all appeals, the authority – ‘the jurisdiction’- to decide an appeal has been transferred to an Inspector. 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. 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 MHCLG. The letter will be available to view on either on MHCLG’s area of GOV.UK or online using the search facility.

6.3. What the Inspector takes into account

6.3.1. The Inspector will consider whether, on the balance of probabilities, on the facts of the case and relevant planning law, the existing or proposed development is or would be lawful and will decide the case on the best facts available.

6.3.2. The Inspector will not consider the planning merits of any proposed or existing use or operational development for LDC appeals. The same is true for LB LDC appeals however, for proposed LB LDC works, decisions as to whether proposals affect the special architectural/historic character of a building in a particular way can involve a planning judgement.

6.3.3. It is open to applicants to apply to the LPA for planning permission or listed building consent, in the normal way, without prejudice to their application or appeal for an LDC.

6.3.4. The Inspector may find that part of what is described in the application is lawful and may issue an LDC for that part of the application only.

6.3.5. The Inspector will consider the lawfulness of the use or development on the date that the application was made to the LPA – under the legislation that was in force on that date.

6.3.6. Where a change in circumstances is likely to affect the outcome of the appeal, we will ensure that all parties have an appropriate opportunity to comment on the new material.

7. The role of Interested people

7.1. There is no statutory requirement for LPAs to consult interested parties including parish councils or neighbours. However, it may be reasonable for them to seek their views (See MHCLG’s planning practice guidance on does a local planning authority need to consult on an application for a lawful development certificate).

7.2. 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, the grant of an LDC is considered by the Inspector.

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

7.4. Whilst interested people can 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 local planning authority.

7.5. The following guides explain how interested people can take part in appeals depending on which procedure the appeal follows:

• Written representations – England
• Hearing – England
• Inquiry – England

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). Although these regulations do not formally apply to LDC appeals, where the appeal proceeds by written representations it will be conducted within the spirit of the regulations.

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 8.2.3)	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 8.2.4)	Receives a completed questionnaire and any supporting documents from the LPA	Sends the appellant and us a completed questionnaire and supporting documents (See 8.2.5). It writes to interested people about the appeal (See 8.2.4)
Within 6 weeks from the start date (Only exceptionally will we accept late representations)	Send their representations to us (See 8.2.8)	Sends us any further representations (See 8.2.7).	If the LPA decides not to treat the questionnaire and supporting documents as its representations it sends us its further representations (See 8.2.6)
Within 9 weeks from the start date		Sends us their final comments on the local planning authority’s ‘week 6’ representations and on any comments from interested people (See 8.2.9) 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 8.2.9) No new evidence is allowed
The Inspector visits the site (See 8.2.10) and the decision is issued later

8.2.3. The appellant

8.2.3.1. The appellant must submit:

• their appeal
• a copy of the LDC application
• a copy of the LPA’s decision notice
• other essential supporting documents detailed on the appeal form

At the same time, they must copy the appeal to the local planning authority. For further information on how to submit the appeal please see the Lawful development certificate appeals: how to complete your appeal form guide.

8.2.3.2. The appellant’s representations should disclose their case through an appeal statement and any supporting evidence. For further information about the appeal statement please see section 3.3.

8.2.3.3. Although the criteria do not directly apply to LDC appeals they provide an indication of which procedure would be appropriate. The appellant must indicate which procedure they consider appropriate, taking account of the criteria.

8.2.4. Notification to interested people

8.2.4.1. As stated above, there is no statutory requirement for LPAs to consult interested parties including parish councils or neighbours. However, it may be reasonable for them to seek their views. If the LPA wish to notify anyone of the appeal, they should do so within 2 weeks of the start date.

8.2.4.2. The notification should include:

• a description of the development
• 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 email or post
• that any representations sent to the LPA in relation to the application will be sent to the Inspector when deciding the appeal 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 written representations free of charge from the local planning authority, on its website or on GOV.UK
• when and where the appeal documents will be available for inspection
• that the decision will be published online

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

8.2.5. The appeal questionnaire

8.2.5.1. The LPA must send a completed copy of our questionnaire and copies of all the relevant documents, including any officer report, to us and to the appellant within 2 weeks of the start date of the appeal.

8.2.5.2. Although the criteria do not directly apply to LDC appeals they provide an indication of which procedure would be appropriate. The LPA must indicate on its questionnaire which appeal procedure it considers appropriate, taking account of the criteria.

8.2.5.3. The relevant documents considered during the application process should be sufficient to present the LPA ’s 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.

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

8.2.6.1. The LPA may wish to rely on its officer report but 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.

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

8.2.7.1. The appellant may decide to rely on their initial appeal statement and the documents accompanying it as their representations on their appeal.

8.2.7.2. If 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.

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

8.2.8.1. 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.

8.2.8.2. Representations should be submitted online using the search facility. If this is not possible, the LPA will provide details of 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.

8.2.9. Comments at the 9-week stage

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

8.2.9.2. These comments must not introduce new material or evidence. We will copy the comments to the other appeal party. If neither party wish to make comments at 9-weeks, please notify us as soon as possible.

8.2.10. Site visit

8.2.10.1. Usually, site visits are not necessary in LDC appeals. However, visits to the appeal site and any relevant neighbouring land or properties are normally carried out where it is necessary for the Inspector or their representative to assess the impact of a development on its surroundings. The purpose of the visit is solely for the Inspector or representative to view the site and its surroundings.

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

8.2.10.3. 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.

8.2.10.4. 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.

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

8.2.11. Late submissions

8.2.11.1. Sticking to the timetable is important for appeals to proceed quickly and fairly. Our start letters will include the dates by which documents, and comments must be received by us.

8.2.11.2. If we receive documents after the statutory time limits explained in this guide, normally we will return them, and they will not be seen by the Inspector. The Inspector will not accept any documents at the site visit.

8.2.11.3. Where there is a change in circumstances, we will consider accepting late documents. 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.

8.2.11.4. Late evidence will only be accepted if in addition to it being related to a change in circumstances as set out above, the following also applies:

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

8.2.11.5. If we do 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 2.2.

8.2.12. Audio/video evidence

8.2.12.1. 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.

8.2.13 Use of artificial intelligence (AI) in casework evidence

8.2.13.1 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.

8.3. Hearings

8.2.12.1. 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.

8.3.1. 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 and supporting documents to us and the LPA . (See 8.3.3)	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 8.3.4)	Receives a completed questionnaire and any supporting documents from the LPA	Sends the appellant and us a completed questionnaire and supporting documents (See 8.3.5). It writes to interested people about the appeal (8.3.4)
Within 6 weeks from the start date (Only exceptionally will we accept late representations)	Send their representations to us (See 8.3.6)	Sends us their hearing statement (See 8.3.8)	Sends us its hearing statement (See 8.3.8)
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 8.3.9). No new evidence is allowed.	Sends us its final comments on the appellant’s statement and on any comments from interested people (See 8.3.9). 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 8.3.7)		Tells interested people about the hearing arrangements and may put a notice in a local paper about the hearing (See 8.3.7)

8.3.2.1. 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.

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

8.3.2.3. 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.

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

8.3.2.5. 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.

8.3.2.6. We may, at any point before the appeal decision, ‘combine’ procedures. For further information on combining procedures, see 4.2.3.

8.3.3. The appellant

8.3.3.1. The appellant must submit:

• their appeal
• a copy of the LDC application
• a copy of the LPA ’s decision notice
• other essential supporting documents detailed on the appeal form

At the same time, they must copy the appeal to the local planning authority. For further information on how to submit the appeal please see the Lawful development certificate appeals: how to complete your appeal form guide.

8.3.3.2. The appellant’s representations should disclose their case through an appeal statement and any supporting evidence. For further information about the appeal statement please see 3.3.

8.3.3.3. Although the criteria do not directly apply to LDC appeals they provide an indication of which procedure would be appropriate. The appellant must indicate which procedure they consider appropriate, taking account of the criteria.

8.3.4. Notification to interested people

8.3.4.1. There is no statutory requirement for LPAs to consult interested parties including parish councils or neighbours. However, it may be reasonable for them to seek their views. If the LPA wish to notify anyone of the appeal, they should do so within 2 weeks of the start date.

8.3.5.2. The notification should include:

• a description of the development
• 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 email or post
• that any representations sent to the LPA in relation to the application will be sent to the Planning Inspectorate and the appellant and will be considered by the Inspector when deciding the appeal 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 local planning authority, 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

8.3.5.3. We encourage LPA s to use the online model notification letter.

8.3.5. The appeal questionnaire

8.3.5.1. The LPA must send a completed appeal questionnaire and copies of all the relevant documents, including officer report, 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. Interested people’s representations at the 6-week stage

8.3.6.1. 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 local planning authority, the LPA may forward the representations to us for the Inspector’s attention, but they do not need to.

8.3.6.2. Representations should be submitted online using the search facility. If this is not possible, the LPA will provide details of 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 local planning authority.

8.3.7. How people are notified about the hearing

8.3.7.1. 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 comments on the application
• those entitled to appear at the hearing
• anyone else it considers to be affected by or interested in the development

8.3.8. Hearing statement at 6 weeks

8.3.8.1. The appellant may wish to rely on their grounds of appeal and the LPA may wish to rely on its officer report as their statement. However, you may wish to provide additional evidence or clarify matters at 6 weeks stage. Hearing statement should:

• be a succinct statement of each party’s case (refer to relevant planning history of the site)
• 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 any discrepancy or differences between the case made by the appellant in their appeal statement and the LPA in the material it supplied with the questionnaire
• include the full report reference of any case law or previous decision cited, and explain its relevance
• contain a brief summary at the end
• aim to be 3000 words long

8.3.9. Comments at 9 weeks

8.3.9.1. 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. If neither party wish to make comments at 9-weeks, please notify us as soon as possible.

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

8.3.10. Late submissions

8.3.10.1. Sticking to the timetable is important for appeals to proceed quickly and fairly. Our start letters will include the dates by which documents, and comments must be received by us.

8.3.10.2. If we receive documents after the statutory time limits explained in this guide, normally we will return them, and they will not be seen by the Inspector.

8.3.10.3. Where there is a change in circumstances, we will consider accepting late documents. 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.

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

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

8.3.10.5. If we do 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 2.2.

8.3.11. Openness and transparency

8.3.11.1. 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.

8.3.11.2. 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.

8.3.12. Audio/video evidence

8.3.12.1. 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.

8.3.12.2. 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.

8.3.12.3. 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.

8.3.13. Virtual events

8.3.13.1. 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.

8.3.13.2. If the Inspector decides that the hearing/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.

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

8.3.14.1. 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.

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 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 appeals that are transferred to be decided by an Inspector on behalf of the Secretary of State)

8.4.2. Timetable

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 8.4.3)	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 8.4.6)	Receives a completed questionnaire and any supporting documents from the LPA	Sends the appellant and us a completed questionnaire and supporting documents (See 8.4.6). It writes to interested people about the appeal (See 8.4.6).
Within 6 weeks from the start date (Only exceptionally will we accept late representations)	Send their comments to us (See 8.4.7)	Sends us their inquiry statement (See 8.4.8)	Sends us its inquiry statement (See 8.4.8)
We set the inquiry date which will normally be within 20 – 22 weeks of the start date
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 8.4.9). No new evidence is allowed	Sends us its final comments on the appellant’s statement and on any comments from interested people (See 8.4.9). No new evidence is allowed
4 weeks before the inquiry		Sends us their proof of evidence and the agreed statement of common ground. (See 8.4.12 and 8.4.12)	Send us its proof of evidence (See 8.4.12). It may put a notice in a local paper about the inquiry
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 (8.4.10)

8.4.2.1. 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.

8.4.2.2. We may, at any point before the appeal decision, ‘combine’ procedures. Please see 4.3 for further information on combined procedures.

8.4.3. The appellant

8.4.3.1. The appellant must submit:

• their appeal
• a copy of the LDC application
• a copy of the LPA ’s decision notice
• other essential supporting documents detailed on the appeal form

At the same time, they must copy the appeal to the local planning authority.

8.4.3.2. The appellant’s representations should disclose their case through an appeal statement and any supporting evidence. For further information about the appeal statement please see 3.3.

8.4.3.3. 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

8.4.3.4. The appellant should be realistic. The estimate should include time for opening and closing statements, and the time they consider may be necessary for questions to be put to both their and the local planning authority’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.

8.4.4. The appeal questionnaire

8.4.4.1. The LPA must send a completed appeal questionnaire and copies of all the relevant documents, including officer report, 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.

8.4.4.2. The expected number of witnesses, topics to be addressed by witnesses, time estimates for the overall inquiry length and the presentation of the local planning authority’s case and whether there will be legal representation should be included with the questionnaire.

8.4.5. Setting the length of the inquiry

8.4.5.1. 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.

8.4.6. Notification to interested people

8.4.6.1. There is no statutory requirement for LPAs to consult interested parties including parish councils or neighbours. However, it may be reasonable for them to seek their views. If the LPA wish to notify anyone of the appeal, they should do so within 2 weeks of the start date.

8.4.6.2 The notification should include:

• a description of the development
• 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 email or post
• that any representations sent to the LPA in relation to the application will be sent to the Planning Inspectorate and the appellant and will be considered by the Inspector when deciding the appeal unless they are withdrawn before the 6 weeks deadline 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 inquiry free of charge from the local planning authority, 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

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

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

8.4.7.1. 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 local planning authority, the LPA may forward the representations to us for the Inspector’s attention, but they do not need to.

8.4.7.2. Representations should be submitted online using the search facility. If this is not possible, the LPA will provide details of 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 local planning authority.

8.4.8. Statement of case

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

8.4.8.2. 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 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

8.4.9. Comments at 9 weeks

8.4.9.1. 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 or evidence. But if neither party wish to submit comments, they should inform us as soon as possible. We will copy the comments to the other appeal party.

8.4.10. How people are notified about the inquiry

8.4.10.1. 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.

8.4.10.2. 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 application/appeal
• those entitled to appear at the inquiry
• anyone else it considers to be affected by or interested in the development

8.4.11 Case management conference (CMC)

8.4.11.1. The appeal parties will be notified when the Inspector intends to hold a CMC to discuss the programming of the inquiry and other matters. We will give sufficient notice in advance of a CMC.

8.4.12. Statement of common ground

8.4.12.1. 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.

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

8.4.12.3. 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
• identify and provide the reference numbers, of any relevant appeal decisions, relating to the site or neighbouring sites
• explain revisions or amendments to the original proposal and confirm they were agreed at application stage (this advice relates only to amendments made before a LPA issued a decision)
• identify whether there is/is not agreement over relevant facts such as measurements, identify agreed elements of the evidence and any technical studies that have been undertaken where case law is cited, include the full Court report/transcript

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

8.4.13. Proofs of evidence

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

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

8.4.13.3. Proofs of evidence should:

• include the information that witnesses representing the appellant or the LPA wish the Inspector to take into account
• 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 include long irrelevant biographical detail of the witness

8.4.13.4. 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.

8.4.13.5. If proof of evidence contains evidence given by expert witness, see 8.3.

8.4.14. Rule 6

8.4.14.1. 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.

8.4.14.2. 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.

8.4.14.3. 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.

8.4.15. Late submissions

8.4.15.1. Sticking to the timetable is important for appeals to proceed quickly and fairly. Our start letters will include the dates by which documents, and comments must be received by us.

8.4.15.2. If we receive documents after the statutory time limits explained in this guide, normally we will return them, and they will not be seen by the Inspector.

8.4.15.3. Where there is a change in circumstances, we will consider accepting late documents. 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.

8.4.15.4. Where there is a change in circumstances, we will consider accepting late documents. This includes but is not limited to:

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

8.4.15.5. 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 2.2.

8.4.16. Openness and transparency

8.4.16.1. 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.

8.4.16.2. 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.

8.4.17. Audio/video evidence

8.4.17.1. 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.

8.4.17.2. 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.

8.4.17.3. 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.

8.4.18. Virtual events

8.4.18.1. 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.

8.4.18.2. 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.

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

8.4.19.1. 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.

9. Other issues

9.1. Postponements, adjournments and abeyance

9.1.1. 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.

9.2. Linking appeals

9.2.1. 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.

9.3. The role of expert evidence

9.3.1. 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.

9.3.2. 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.

9.3.3. 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.

9.3.4. 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.

9.3.4.1. 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.

9.4 Contacting us

9.4.1. 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.

Helpline: 0303 444 5000

10. The Decision

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

11. Complaints, challenges and feedback

11.1. Challenge an administrative decision

11.1.1. 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.

11.1.2. 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.

11.1.3. 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 11.4).

11.2. Complaints

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

11.3. Slip rule

11.3.1. 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.

11.3.2. 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.

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

11.3.4. Any request must be received within the High Court challenge period – 6 weeks beginning with the day after the date of the decision.

11.3.5. 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.

11.3.6. 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

Customer Form: Customer Services and general enquiries

11.4. High Court challenges

11.4.1. 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. You must stick to the deadlines set below and extensions for a late application is only made to the Court.

11.4.2. There is also a statutory right to challenge costs decisions made in connection to an appeal decision in the High Court. To do this, you must first apply for permission to submit the challenge.

11.4.3. Deadlines

11.4.3.1. Permission to make a challenge must be sought within 6 weeks beginning with the day after the date of the appeal or costs decision.

11.4.4. Eligibility for making a challenge

11.4.4.1. Any aggrieved person may make a High Court challenge.

11.4.5. Further guidance on High Court challenges

11.4.5.1. 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

11.4.6. If a challenge succeeds

11.4.6.1. The Court may decide to quash the decision and remit it for consideration. 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.

11.4.6.2. 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 since the original decision, the Inspector would normally allow parties to submit further evidence to address these.

11.4.6.3. 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.

11.4.6.4. Arrangements for redetermination of costs decisions may differ.

11.4.6.5. 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.

11.4.7. Commencing development before the time limit for a High Court challenge passes

11.4.7.1. There is a risk in commencing development before the High Court challenge time limit has expired. This is because if the LDC 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 or LDC.

11.4.8. Further information

11.4.8.1. 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

11.4.8.2. 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

11.4.8.3. To contact the Ombudsman:

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

Helpline: 0845 0154033

Ombudsman website

Email: [email protected]

11.5. Feedback

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

12. Getting help

12.1. 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

Advice Line: 0330 123 9244

Switchboard: 020 7929 9494

Fax: 020 7929 9490

Email: [email protected]

Planning Aid website

The Environmental Law foundation

Helpline: 0330 123 0169 Email: [email protected]

Advocate

Advocate
The National Pro Bono Centre,
48 Chancery Lane, London, WC2A 1JF

DX: 188 London Chancery Lane

Telephone: 020 7092 3969

Advocate Website

13. How we use your personal information

13.1. 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.