Making your Enforcement Appeal - November 2004
(This web version was last updated February 2008 to include the change in governing body from ODPM to CLG)
Contents
- Enforcement notice appeals: whether to appeal, when to appeal, who can appeal
- Breach of condition notices and Stop notices
- How to make your appeal against an enforcement notice
- Is anyone else involved?
- Timetable for appeal
- The written procedure
- The hearing procedure
- The inquiry procedure
- Appeal Costs Awards
- The Decision
- Complaints and Challenges
- The address for appeal forms
Appendices:
Appendix 1 (diagram of written procedure)
Appendix 2 (diagram of hearing procedure)
Appendix 3 (diagram of inquiry procedure)
Appendix 4 (Listed building and conservation area enforcement notice appeals)
Appendix 5 (Guidelines for statements and proofs of evidence)
Appendix 6 (some relevant publications)
Appendix 7 (the legislative provisions for enforcement notices and appeals)
Appendix 8 (Inspector’s Code of Conduct)
Appendix 9 (Data Protection and Privacy in the Planning Inspectorate)
Introducing the Planning Casework Service from The Planning Inspectorate
- Make a planning appeal online
- See appeals locally & nationally
- View them on a map
- See the papers and plans
- Make your comments online
- Track progress in real time
- View decisions
Visit www.planningportal.gov.uk/pcs
About the Planning Inspectorate
We are part of Communities and Local Government (DCLG) and the National Assembly for Wales . We deal with enforcement appeals for England from our Bristol office and enforcement appeals in Wales from our Cardiff office. The Inspectors, who decide most of the appeals, have a variety of backgrounds. These include town planning, surveying, and engineering, architecture and law. We choose Inspectors carefully and train them thoroughly.
When our office staff get your appeal form, they will collect all the information about your case. If you have any questions about it you can contact your case officer. We will give you the case officer’s name and phone number. Just before the site visit, hearing or inquiry, the case officer will send your appeal papers to the Inspector, who will study them. In most cases after holding an inquiry or hearing, or visiting the site, the Inspector writes the decision. Your case officer will send the decision to you.
This booklet explains the enforcement appeal procedure for appeals in England If you want advice about appeals in Wales you should contact our Cardiff office. The information it contains was correct when it was published. But it has no legal status. We will deal with every appeal as efficiently as we can, but to do this we rely on everyone's co-operation. Appeals to do with listed buildings or buildings in a conservation area are similar to normal enforcement appeals. Appendix 4 tells you about some of the main differences.
Quality statement
We aim to provide the following in the appeal process:
- clear, prompt and polite advice and information;
- quick and efficient handling of your appeal;
- an open exchange of views between the people involved in the appeal;
- fair and unbiased decisions by appropriately qualified people;
- clear, logical decisions and reports;
- a quick and thorough complaints procedure; and
- a service that gives the public confidence in us.
If you need this document in large print, on audio tape, in Braille or in another language please contact our helpline on 0117 372 8075
This document is also available on our website (www.planning-inspectorate.gov.uk). The Planning Portal (www.planningportal.gov.uk) contains a large amount of information about the planning system in England and Wales , including lists of useful contacts and planning related services. Access to the Planning Portal is free of charge.
You can now use the internet to send us documents and check the information and the progress of your appeal on the Planning Casework Service (PCS) at ( www.planning portal.gov.uk/PCS).
