PLEASE NOTE: the procedures explained below do not apply to the following types of appeal (which are handled under different legislation):
- Planning permission
- Certificate of lawful use or development
- Tree works consent
- Planning enforcement notice
- Tree replacement enforcement notice
- Amenity notice
What do we mean by a Hearing
The person lodging the appeal ("the appellant") and the planning authority have the right to appear before and be heard by a Reporter. Where such a request is made, provision will usually be made for parties to be heard by way of a public local inquiry. However, in appropriate cases, a hearing may be suggested instead of a public inquiry. A hearing is likely to be considered more appropriate where a relatively simple proposal is to be examined, or where written submissions might not be suitable because there is particularly complex evidence that would benefit from oral discussion.
General procedure
The hearing procedure is designed to allow a structured discussion about the matters at issue without the formality and expense of a full-scale inquiry. A hearing is not appropriate if:
- more than a few members of the public are likely to wish to attend;
- the appeal raises complicated matters of policy;
- complex legal issues are involved; or
- it is likely that cross-examination will be needed to test opposing cases.
SEDD Circular 17/1998 Planning and Compulsory Purchase Order Inquiries and Hearings: Procedures and Good Practice, ANNEX F gives details of the procedures to be followed at hearings. Although the Code does not have statutory force, all parties to a hearing are expected to comply with it.
DPEA will send details of the hearing arrangements to the appellant, the planning authority and those with an interest in the land, and to those other parties who wrote to the planning authority when they were considering the planning application. It is not normally necessary to advertise a hearing in the press.