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Choice of procedure

Written procedure

If everyone agrees, and the appeal is suitable, The Planning Inspectorate will decide it on the basis of written exchanges of information from you, the LPA and anyone else who has an opinion on your appeal. The information could include maps, plans and photographs but not oral evidence. It depends on the choice of procedure whether they also accept video or sound tapes (see below). The Inspector will normally visit the site.

The Planning Inspectorate do not accept tape evidence for appeals under this procedure. This is because they cannot be certain that all parties to the appeal have suitable equipment to play the tape and that identical copies have been sent. You can send a written summary of the tape's content, including photographs.

Hearings and inquiries

Under these procedures the Inspector will decide whether or not to take into account video or sound tapes. He or she will let you know their decision when the hearing or inquiry opens. You must contact the LPA to find out whether they have suitable equipment to play the tape at the hearing or inquiry, or if they will allow you to use your own.

If you, the LPA or The Planning Inspectorate do not agree to the written procedure, The Planning Inspectorate will arrange a hearing or local inquiry. You can find more details of the different procedures by clicking the headings on the left.

When you are deciding which procedure to use, you should take into account the following points:

  • The result of your appeal will depend on the facts and planning arguments.
  • The written procedure is usually quicker and cheaper.
  • A hearing is an informal way to give evidence and make oral submissions to the Inspector. Formal cross-examination is not usually allowed.
  • You or the LPA can ask for an inquiry, or The Planning Inspectorate can decide that this is the best procedure for your appeal.
  • At an inquiry you can make representations to the Inspector personally and challenge any evidence put forward against your appeal.

To avoid extra costs and to get a decision as quickly as possible, most people only ask for a hearing or inquiry if they think it is necessary. The written procedure is the most common. The Planning Inspectorate may consider an inquiry is essential for taking evidence in person from witnesses or representatives, especially if you have appealed on ground (d).