The Planning Inspectorate- Wales

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

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7. The Inquiry (continued)

The Parties

7.48 Apart from the promoters, there may be many different parties presenting a variety of different interests and viewpoints at an inquiry. Such parties will normally fall into one or other of the following three basic categories:

  • Those who support the proposal.
  • Those who object to it, including those who, in doing so, put forward one or more alternative proposals which they consider better than the one which is the subject of the inquiry.
  • Those, known as counter-objectors, who oppose such alternative proposals.

The Normal Sequence of Events

7.49 The normal sequence for any case presented by an advocate with a single witness consists of:

  1. An opening statement by the advocate.
  2. The evidence-in-chief of the witness (which normally includes the reading of a proof or summary of evidence).
  3. The cross-examination of the witness by each of the parties entitled so to do, and others at the discretion of the Inspector.
  4. Re-examination of the witness by the advocate.
  5. The Inspector's questions, if any, of the witness
  6. A closing submission by the advocate.

7.50 When more than one witness is called, each is taken through the same sequence as the first witness (i.e. stages ii - v above) before the advocate makes his closing submission. The closing submission may well not be made until other parties' cases have been heard.

An Unrepresented Person

7.51 When an unrepresented person appears he or she usually acts as both advocate and witness, but the same principles apply. To avoid confusion between his or her two roles the person should be asked to give evidence and answer questions from the witness table. If the person is an objector the opening and closing statements should be made from the objectors' table and any cross-examination of the promoter's witnesses should be conducted from that position. If the person merely wants to make a statement and is not offering himself or herself for cross-examination, he or she should be asked to submit it in writing.

 

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