Appeal Step 2 – The hearing or inquiry

This can be a trying experience for residents- but it is also an opportunity to see the planning process in action.

Residents should use the opportunity to present their views. The residents are permitted to present after the major discussions have taken place between the developer and the council. Neighbours and residents speaking at a hearing or inquiry can be cross-examined. Be assured that this is not a law-court and the Inspector will protect non-professionals from any aggressive cross examination tactics

Generally, for the best results:

• Speak to those that have previously presented at appeals. There are processes that need to be followed and these should be understood before the meeting.  If the planning application you are resisting at appeal is using the inquiry route then it would help if you attend an inquiry for another planning appeal before hand
• Having a limited number of speakers that each make a different point “effectively” is far better than lots of speakers making the same points over and over again
• Avoid bringing new issues into the discussion at the hearing/inquiry - Unless there is a very good justification
• The speakers should address and speak to the Planing Inspector - there is no need to speak to the wider group - and certainly do not “play to the audience”.
• Be flexible - if the developer has been ‘selective with the truth’ during the main discussion then ensure that a speaker takes some time to “share the truth” with the Planning Inspector
• There are a few techniques that a developer (or developer’s Barrister) might use to try and unsettle a novice presenter.  You need to be aware and prepared for these techniques
• It is very unlikely that residents will be cross-examined, but speaker should have thought through what might asked so that you can provide clear and concise answers.

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Introduction to the planning appeal process

Cont..

Disclaimer

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