Notes for the Guidance of Inspectors Holding Inquiries into orders and Special Road Schemes.

Table of contents

Introduction

Administrative and legal background

• The origins of orders
• The statutory basis for inquiries into orders
• The inquiries procedure rules

Preparing for an inquiry

• Documentation
• Pre-inquiry site inspection
• Inquiry arrangements
• Pre-inquiry meetings

The inspector's role at an inquiry

Assessors

• Role of assessors

The scope of the inquiry

• The orders before the inspector
• Government policies and methodologies, design standards, economic assumptions and forecasts of traffic growth
• Validity of the inquiry
• The relevance of the submissions and evidence presented
• Consideration of suggested modifications and alternative proposals
• Compulsory purchase orders for roads schemes
• Line order made
• Planning permission granted
• Planning permission granted after local plan approval
• Objections on grounds of hardship
• Accommodation works
• Alternative route
• Restriction as to modification
• Stopping up orders under the town and country planning act 1990, section 247
• Local authority orders

The scheme inquiry

• Programming
• Objections not previously notified
• The inspector's arrival at the inquiry
• Opening the inquiry
• Conducting inquiries in wales
• Absence of objectors or other parties
• Order making authority not actively supporting an order
• The inquiry
• Legal submissions
• Procedural submissions
• Requests for adjournment
• Evening sessions

• Withdrawn objections, conditionally withdrawn objections and counter objections
• The human rights act
• The parties
• The normal sequence of events
• An unrepresented person

Order of presentation of cases

The promoter's case
Questions of clarification
Supporters
Objectors' cross examination of supporters
Statutory and non-statutory objectors
Response by the promoter
Counter-objectors
Strict adherence not always possible
Action by the inspector before right of finalreply is exercised
Closing actions by the inspector

• Evidence

  Best evidence
  Evidence in camera not permissible
  Proofs of evidence
  Documentary evidence
  Tape-recordings, video evidence and computer generated graphics
  Information supplied on floppy disc or cd-rom
  Introduction of new evidence
  Summonsing of witnesses
  Power to order the disclosure of documents

• Cross examination

  Right of cross examination
  Restriction of communication between advocate and witnesses
  Restriction on supporters
  Avoidance of cross examination
  Intervention by the inspector
  Cross-examination to be confined
  Refusal to answer questions
  Re-examination

• Written representations

  As inquiry documents
  Disregarding of written representations
  Availability of written representations
  Response by promoter
  Post inquiry correspondence

• Controlling the proceedings

  The inspector's responsibilities
  Leading questions
  Unrepresented parties
  Repetitive evidence
  Aggressive cross examination
  Objection by advocate to nature or wording of questioning
  Questions by the inspector
  Qualified privilege
  Disrupted inquiries
  Round table sessions
  Statements of agreed facts

• Recording the proceedings of an inquiry
• The inspector's notes

  Transcripts
  Unofficial transcripts or tape recordings

• Re-opened inquiries

  New evidence
  Scope
  Appointment of inspector

• Applications for costs

  (1) Applications for costs in relation to trunk road schemes and highways orders
  (2) Applications for costs in relation to local authority road proposals
  (3) Applications for costs in relation to stopping up orders under part x of the town and country planning act 1990 (and other similar proceedings)

• Admission of the press, radio, television cameras and photographers

  Conflicting considerations
  Admittance of the media
  Admittance of television
  Admittance of radio
  Restriction on photographers

Site inspections

• Conduct of site inspections
• Health and safety considerations

The inspector's report

• Statutory basis - the procedure rules
• Aim of the report
• Format of the report

  Title page
  Table of contents
  Abbreviations and acronyms
  Case details
  Preamble
  Description of the site and its surroundings

• The cases

  In general
  The case for the promoting authority or promoter
  The cases of the supporters
  The cases of the objectors
  The cases of the counter-objectors

• Conclusions

  To be based on facts
  Legal issues
  Preliminary and acillary matters
  Environmental assessment
  Appraisal summary tables (AST)

• Arrangement of conclusions

  Separate consideration of each order
  Consideration of objections
  Introduction of new matters
  Consideration of alternative proposals

• Wording of conclusions
• Recommendations

  Form of recommendations
  Inability to make a recommendation
  Recommendations confined to orders before inquiry
  Conditional recommendations

• Appendices to the report

  List of appearances List of documents plans and photographs
  Assessor's conclusions and report

• Dispatch of the inspector's report

Appendix A

• Extract from statement by baroness stedman in house of lords debate 25 february 1976
  

Appendix B

• Extract from judgment of lord diplock in the case of bushell and another v secretary of state on 7th february 1980

Appendix C

• Appendix C - Pre-inquiry meetings

Appendix D

• Procedure at inquiries - simpler inquiries

Appendix E

• Procedure at inquiries - more complex inquiries

Appendix F

• Assistant and deputy inspectors

Appendix G

• Assessors at inquiries

Appendix H

• Inspectors' reports
• Appendix H1
• Appendix H2
• Appendix H3
• Appendix H4

Appendix I

• Example of an appearances list

Appendix J

• Example of list of documents, plans and photographs for a smaller inquiry

Appendix K

• Example of list of documents, plans and photographs for a more complex inquiry

Appendix L

• List of abbreviations / acronyms used in this guidance

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