The Planning Inspectorate- Wales

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

3. Preparing for an Inquiry

Documentation

3.1 In certain cases in which the Secretary of State / NAW is either the promoter of, or has published, an order, the Inspector will be provided with the basic documents, but not with any kind of brief. The Inspector must make a careful study both of the powers under which he or she is to operate and of the details of the orders themselves. The Inspector should also study the basic features of the objections and representations already made. He or she should then note the matters to be covered and the further information needed at the inquiry.

3.2 For the cases in which a local authority is the promoter, the Inspector may, exceptionally, be provided with a brief as well as the basic documents. Although briefs can be useful, they can never be a substitute for the Inspector's thorough study of the relevant powers and the documents provided. Any briefs provided by a local authority should be revealed to the other parties to the inquiry and copies made available to them if required.

3.3 An Inspector must never communicate directly with the promoter of an order or with any other party except at the inquiry. If the Inspector discovers any omission in the documentation provided prior to the inquiry he or she should contact staff at the Planning Inspectorate. An Inspector may also consult the Planning Inspectorate on any procedural points about which the Inspector is in doubt, but not on the merits of any proposals objections or representations.

Pre-inquiry Site Inspection

3.4 The Inspector should make a discreet, unaccompanied inspection of the sites and/or routes of the proposals before the inquiry. In doing so the Inspector should not venture on to private land and should avoid contact with anyone likely to have an interest in the case.

3.5 If the Inspector is challenged, or unavoidably comes into conversation with any person whilst carrying out the pre-inquiry site inspection, he or she should briefly explain the purpose of his/her presence and say, as courteously as possible, that he/she cannot engage in conversation, and in particular must not discuss the subject of the inquiry, but he/she would be pleased to hear from them at the inquiry if they had a relevant point to make. The Inspector should, as part of his/her inquiry opening announcements (see 7.11 below), report any such pre-inquiry encounters, and briefly state what happened, reassuring those present that the merits of the scheme were not discussed.

3.6 Part 8 - Site Inspections - deals with site visits in more detail.

Inquiry Arrangements

3.7 The promoting authority (or the applicant in some cases) is responsible for the inquiry arrangements unless otherwise agreed with the Planning Inspectorate. However, usually for longer inquiries, the Inspector may have a Programme Officer, one of whose duties will be to liaise with the parties on the inquiry arrangements. It may be convenient for the Inspector and Programme Officer to meet at the inquiry venue or elsewhere on the day before the pre-inquiry meeting (where one is arranged) or the inquiry. Otherwise the Inspector, having previously ensured that he or she can locate the inquiry venue without delay, should arrive about 30 minutes before the inquiry is due to open, check the arrangements and satisfy himself or herself that everything is in order. The venue should be accessible to the public. Security measures should be such that they do not deter the public from attending. It should also make appropriate provision for people with special needs, having regard to the provisions of the Disability Discrimination Act 1995.

3.8 The layout of the seating requires particular attention. The Inspector should try to ensure that he or she will be seated a little higher than others attending the inquiry and should insist on reasonable detachment from the parties appearing. The promoter and the principal objectors should be seated on opposite sides and facing each other. Separate seating should be provided for witnesses. The arrangements should be such that all the parties to the inquiry, and the public, can see and hear what is taking place at all times. A public address system may be necessary; this should be relayed into any overflow room for the public.

3.9 If the arrangements are unsatisfactory, it may be possible to put things right by liaising with the staff directly responsible for the venue. On rare occasions conditions may be so bad that it is necessary to seek an alternative venue; e.g., because of noise that cannot be stopped, lack of heating, overcrowding or inadequate fire exits. If there is to be a change of venue the Inspector should open the inquiry in the original venue if practicable, and then adjourn to the new one. On rare occasions it may be necessary to adjourn the inquiry until a suitable venue can be found, but the inquiry should not be adjourned without fixing a date for resumption (sine die) (see 7.34 below). In any case the Inspector must ensure that everyone attending the inquiry is given clear directions to the new venue, that all (except late comers) are able to get there before the proceedings resume, and that a notice is displayed at the advertised venue throughout the inquiry indicating the location of the revised venue.

3.10 In advance of the inquiry the promoting authority may consult the Planning Inspectorate, and is expected to do so if there are particular uncertainties or difficulties. In exceptional circumstances the Planning Inspectorate may take responsibility for the inquiry arrangements.

Pre-Inquiry Meetings

3.11 Before larger inquiries (generally those expected to last two weeks or more, or those with a large number of objectors proposing to appear) it is often convenient to arrange a pre-inquiry meeting to deal with preliminary matters such as the submission of proofs of evidence, the production of particular information required by the Inspector, the formulation of procedures for the inquiry itself and the making of a start on the programme of appearances.

3.12 The need for a pre-inquiry meeting will usually have been foreseen at a preliminary procedure stage and the necessary arrangements put in hand before an Inspector is allocated to the case. However, if an Inspector considers that a pre-inquiry meeting would be advantageous and one has not been arranged, he or she should consult the Planning Inspectorate.

3.13 The Inquiry Procedure Rules provide a statutory basis for pre-inquiry meetings and should be studied carefully in order that Inspectors are fully conversant with their duties and powers. Further guidance on pre-inquiry meetings can be found at Appendix C. Normally a Programme Officer will be required for an inquiry for which a pre-inquiry meeting is necessary. The Programme Officer should be present at the pre-inquiry meeting so that he or she can start work on programming ( see 7.1- 7.5 below ) and inquiry arrangements (see 3.7- 3.8 above).

Revised November 2004