The appellant and the Environment Agency each have the right to request a hearing conducted by an Inspector appointed by the Secretary of State. The Secretary of State may himself decide that an appeal should proceed by way of a hearing. This code of practice gives guidance on the non-statutory procedure which the appellant and the Agency will be invited to follow where a hearing is to be held. There are no specific rules governing hearings into consent to discharge appeals. Most hearings are not suited to a formal giving and cross examination of evidence.
Hearings are normally open to the public.
The aim will be to arrange a hearing within 15 weeks of the appellant and the Agency being given written notice that a hearing is to be held. Suitable dates will be agreed with the Inspector and then agreed with the parties, initially over the telephone. The date of the hearing will be confirmed in writing giving at least 28 days notice. An important element of this procedure is that the Inspector must be fully aware of the issues involved and the arguments likely to be made at the hearing, so that he or she can properly lead the discussion. It is therefore essential that at least 3 weeks before the hearing, the appellant and the Agency provide a written statement to the Inspectorate containing all the evidence they wish to present in support of their case, including any documents to which they intend to refer.