Guidance

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

Updated 12 September 2024

Applies to England

1. Introduction

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

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

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

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

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

2. The decision-maker

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

3. The rules for a hearing

3.1. For:

• an appeal against an enforcement notice (section 174 of the Town and Country Planning Act 1990 (as amended))
• an appeal against the refusal or non-determination of an application for a certificate of lawful use or development (section 195 of the Town and Country Planning Act 1990 (as amended))
• an appeal against a listed building enforcement notice (section 39 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (as amended))

The rules that cover the hearing procedure are The Town and Country Planning (Enforcement) (Hearings Procedure) (England) Rules 2002 – Statutory Instrument 2002/2684.

3.2. For further information on the hearing procedure, please see:

• 9.3 in the Enforcement Appeals Procedural Guide if you are interested in an enforcement notice appeal
• or 8.3 in the Lawful Development Certificate (LDC) Appeals Procedural Guide if you are interested in a LDC appeal

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

4. How you find out about the appeal

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

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

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

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

5. If you own the land

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

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

6. What you can do

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

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

• 9.3 in the Enforcement Appeals Procedural Guide if you are interested in an enforcement notice appeal
• or 8.3 in the Lawful Development Certificate (LDC) Appeals Procedural Guide if you are interested in a LDC appeal

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

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

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

For an appeal against an enforcement notice, say either:

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

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

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

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

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

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

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

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

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

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

7. If you send documents to support your representations

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

7.2. You should:

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

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

8. Audio/video evidence

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

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

8.3. If the evidence is accepted by the Inspector, it will become part of the hearing evidence and will be retained by the Inspector. You will need to have 2 additional copies of the audio/video evidence available because if the Inspector allows it to be shown, these copies will be given to the LPA and the appellant.

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

9.1. 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.

10. Before the hearing

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

10.2. Before the hearing, if you want to read what the appellant and LPA have written, the LPA should make these documents available. The LPA’s and the appellant’s hearing statement should be available 6 weeks after the appeal start date.

10.3. Hearings are open to members of the public. Although you do not have a legal right to speak, the Inspector will normally allow you to. If you want to speak at a hearing, you need to think about what you want to say and how you want to say it. Some people prefer to make, or read out, a brief statement giving their views. If there are several people with the same views, it is a good idea for one person to speak on behalf of the others.

11. Hearing venue

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

12. Virtual events

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

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

13. People with disabilities

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

14. Openness and transparency

14.1. Hearings 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.

14.2. 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.

15. What happens at the hearing?

15.1. 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.

15.2. The Inspector will open the hearing by explaining what the appeal is about. They will then go through some routine points; explain how they intend to proceed and will ask who wants to speak.

15.3. The order in which people speak at a hearing on any topic that needs to be discussed will be tailored to the individual appeal and who is at the hearing. The Inspector will ensure that the hearing is orderly so everyone involved can have a fair hearing.

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

15.5. If you make comments, or have any questions, you must put them through the Inspector.

15.6. At any stage during proceedings the Inspector may ask questions. Questions may be put to all those who give evidence, including interested people.

16. Discussion of planning conditions

16.1. If the appellant argues that planning permission should be granted for the alleged development (as described on the enforcement notice) the hearing will usually include a discussion about the conditions which may be imposed if the development is granted planning permission. The fact that conditions are discussed does not mean that the appeal will be allowed, and planning permission granted or that, if allowed, conditions will be imposed. For further information on planning conditions please see the Ministry of Housing, Communities and Local Government’s Planning Practice Guidance.

17. Closing statements

17.1. At the end of the hearing there are usually closing statements which are an opportunity for the appellant and the LPA to sum up their case. The appellant will always be allowed to speak last at this point in proceedings.

18. Application for appeal costs

18.1. The Inspector will then hear any applications for costs

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

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

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

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

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

19. Site visit

19.1. Once any claim for costs has been heard the Inspector will make arrangements for the site visit. The Inspector will make it clear if:

• it would be helpful to carry on the discussion on the site and so will not close the hearing until after the site visit
• or it appears that all discussion has been completed and the hearing will be closed before going to the site - in this circumstance there will be no further discussion of the merits/facts of the appeal at the site (however, the Inspector may ask factual questions and you may point out physical features of the site).

20. The decision

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

21. Complaints, challenges and feedback

21.1. Complaints

21.1.1. 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.

21.2. Challenge an administrative decision

21.2.1. 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.

21.2.2. 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 :

• 13.1 in the Enforcement Appeals Procedural Guide if you are interested in an enforcement notice appeal

• or 11.1 in the Lawful Development Certificate (LDC) Appeals Procedural Guide if you are interested in a LDC appeal

21.3. High Court challenges

21.3.1. 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:

• 13.4 in the Enforcement Appeals Procedural Guide if you are interested in an enforcement notice appeal

• or 11.4 in the Lawful Development Certificate (LDC) Appeals Procedural Guide if you are interested in a LDC appeal

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

21.4. Feedback

21.4.1. 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.

22. Contacting us

22.1. 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

23. Getting help

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

Planning Aid

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

Email: [email protected]

Planning Aid Website

The Environmental Law foundation

Helpline: 0330 123 0169

Email: [email protected]

Environmental Law Foundation website

Advocate

Advocate DX
50-52 Chancery Lane
London
WC2A 1HL

DX: 188 London Chancery Lane

Telephone: 020 7092 3969

Advocate Website

24. How we use your personal information

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

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