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

7. The Inquiry (continued)

Written Representations

As Inquiry Documents

7.105 Written representations concerning the subject matter of an inquiry (whether addressed to the Inspector, the Highway Authority or the Secretary of State / NAW), received prior to or during an inquiry, become inquiry documents. Such documents form part of the material to be taken into account by the Inspector and the decision maker (see 7.79 and 7.80 above).

Disregarding of Written Representations

7.106 All written representations must be taken into account by the Secretary of State / NAW unless they can be disregarded under such specific powers as Section 258 of the Highways Act 1980 (objections amounting to an objection to a made line order); Schedule 1 paragraph 19 of the same Act, relating to failing to comply with deadlines for alternative proposals; or Schedule 1, paragraph 4(5), of the Acquisition of Land Act 1981 (matters of compensation).

Availability of Written Representations

7.107 It follows that the existence of all written representations must be disclosed at the inquiry. Although there is no need for the Inspector or any party to read them out, it may sometimes be appropriate to give the gist in order that the promoting authority’s response may be understood by the public. A copy of each one must be made available for public scrutiny during the course of the inquiry. (see 7.80 above).

Response by Promoter

7.108 It is open to anyone to comment in writing or orally, at the Inspector’s discretion, upon such representations. The Inspector should make a point of ensuring that the promoter does not neglect to give any response on those matters raised in any written objections which have not been dealt with during the course of the inquiry. This is so that the decision maker may be apprised of each side of every argument (see 7.67 above).

Post Inquiry Correspondence

7.109 No letters or other written representations of any kind or any other form of documentation received by an Inspector after the close of an inquiry can be taken into account in composing the report; consequently, Inspectors should not encourage any party to submit them. It is for the Secretary of State or the NAW, not the Inspector, to consider post-inquiry representations. If any are received, the Inspector should forward them immediately to the Planning Inspectorate. This does not apply to documents exhibited at the inquiry and which, in exceptional circumstances, need to be sent on, or copied and then sent on, for the Inspector’s use after the inquiry has closed. However, no new matters must be enclosed and such documentation must be forwarded to the Planning Inspectorate.

7.110 If towards the end of the inquiry it becomes apparent that there is likely to be significant further evidence or documentation which the Inspector should take into account and it is not forthcoming at the inquiry, the proper course is to adjourn to a specified date, time and place, and receive that evidence in open session, giving the opportunity for cross-examination as appropriate before the inquiry is closed.

7.111 Inspectors should not encourage or agree to advocates forwarding copies of their closing addresses after the close of the inquiry since copies would have to be sent to other parties, which could then result in further exchanges and consequent delay in the reporting process.

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