Hearings/Public Local Inquiries
In some cases the legislation gives the parties an opportunity to request a hearing or a public inquiry, which must then be held. In exceptional cases where significant or complex issues are involved, the Scottish Ministers may decide that a public inquiry is the only way to resolve a dispute fairly.
Where an inquiry or hearing is to be held, the arrangements have to be made some time in advance and you and the authority will be consulted about the date. The inquiry or hearing will be arranged by the Scottish Government Directorate for Planning and Environmental Appeals and will be conducted by a reporter with no more formality than is necessary for it to be run efficiently. You may conduct your own case and do not need to be professionally represented. As an inquiry will be a public local inquiry, notice of the date, time and place has to be given in a local newspaper. Members of the public can attend to watch the proceedings and third parties, such as objectors, can take part.
Hearings, on the other hand normally involve only the parties to the case and are less formal than inquiries. The Reporter will usually have looked at any site prior to the inquiry or hearing. If any further inspection is required you and the authority will be entitled to accompany the Reporter on the visit.
After an inquiry or hearing has been held the Reporter usually submits a report to the Scottish Ministers giving a recommended decision. The report is carefully considered and the final decision is taken by or on behalf of the Scottish Ministers. The Reporter may also make a recommendation regarding an award of expenses.
The Scottish Ministers and the main parties normally meet their own expenses. However, if one side believes that it has been caused unnecessary expense by the unreasonable behaviour of the other side it may in some cases ask for full or partial recompense of its own expenses. Determination of an appeal may also be delegated to a Reporter, where the relevant legislation permits.
Scottish Ministers' Role
The aim is to reach a decision on the issues and to inform the parties by writing to them within 10 weeks of receiving the Reporter's report in 90 per cent of cases. On more complex cases the target is 20 weeks.