G.2 An Assessor is a specialist adviser, usually legal, scientific or technical, selected to assist the Inspector by hearing, testing and weighing evidence of a specialised nature that may be outside the normal experience of the Inspector but which may have an important bearing on the issues to be decided. While the Inspector holds an instrument of appointment from the Secretary of State authorising him or her to conduct inquiries generally, an Assessor is appointed for the purposes of a particular inquiry and should hold a letter or minute to that effect in case his or her status is challenged. Before the Inquiry the Assessor's name and qualifications will be notified to the parties, together with the matters on which he or she is to advise the Inspector.

G.3 Inquiry procedures must be marked by the characteristics of openness, fairness and impartiality. Therefore, it is important that Assessors should not have had any previous connection with the proposal which is the subject of the inquiry, or any professional association or connection with the parties concerned. Where the number of experts in the relevant field is so small that this condition cannot be wholly met it will usually be desirable for some statement of the precise position to be made at the beginning of the inquiry. It is also important that the Assessor should not have taken a public stance on the policies at issue in the inquiry. If an Assessor realises after accepting the appointment that he or she has had some previous connection with the case or the parties, or if any other situation arises in which he or she might find his or her position a source of embarrassment to himself or herself, or to the Department, the Assessor should mention it immediately to the Inspector (if they are in touch by this time), or otherwise discuss it with the Planning Inspectorate.

G.4 Once an appointment as an Assessor has been offered and accepted, there should of course be no private communication with the parties to the inquiry, or with any interested person before or during the inquiry. If the Assessor considers that further information should be obtained from any of the parties before the commencement of the inquiry, he or she should ask the Planning inspectorate to obtain it.

Function of an Assessor

G.5 The Assessor's task is to evaluate the specialist evidence within his or her field that is presented at the inquiry, and so far as possible to indicate the weight which should, in the Assessor's opinion, be given to it by the Inspector in coming to conclusions.

G.6 It is the responsibility of the Assessor to ensure that as far as possible all relevant facts within his or her specialised field are obtained, and it is the duty of the Inspector to see that the Assessor is afforded every opportunity to obtain those facts.

Before the Inquiry

G.7 The Assessor is sent copies of the inquiry papers as soon as possible after he or she has accepted the appointment. The Assessor is also notified of the name of the Inspector. It is important that they should discuss the case at an early stage. For small inquiries, discussion on the telephone may be sufficient, but for more complex cases a meeting is usually necessary. Where a pre-inquiry meeting is held with the parties it is usually appropriate for the Assessor to attend, so there is the opportunity to meet the Inspector immediately beforehand. It will also be necessary to meet immediately before the inquiry.

G.8 Matters which might be discussed at an appropriate stage before the PIM or the inquiry include:-

the precise boundaries of the Assessor's specialist interest in relation to the subject matter of the inquiry; sometimes these are not obvious;
the definition of issues and topics on which evidence will be needed; the adequacy of the specialist evidence coming forward; whether further information should be obtained from the parties; whether it appears that a witness does not intend to take into account a key document (eg technical report) known to the Assessor; and whether there are any serious inconsistencies which the parties could be asked to clear up before the inquiry. Such matters may form the basis for advice to the parties at a pre-inquiry meeting;
the programming of the inquiry with particular reference to the specialist content and whether it is necessary for the Assessor to attend all sessions;
whether there will be an advantage in the site visit being conducted before the close of the inquiry, which enables features noted at the visit to be discussed in the inquiry;
points of procedure on which the Assessor requires clarification, including points arising from this note.

The Inspector will also wish to know how the Assessor sees the specialist issues standing at the beginning of the inquiry and what particular key aspects he or she wishes to pursue.

G.9 Copies of proofs of evidence and summaries should be sent to the Assessor when they are received. The Assessor must arrange adequate preparation time before the inquiry so that the evidence can be closely studied and points of clarification and follow-up questioning identified. The proof should be re-read immediately before the evidence is to be presented so that the evidence is fresh in the mind when the witness is called, since usually only a summary of the proof is read out before cross-examination starts. If for any reason - such as late receipt of the proofs of evidence - the Assessor would prefer the evidence (or parts of it) to be presented more fully, he or she should tell the Inspector beforehand.

The Conduct of the Inquiry

G.10 The majority of Inquiries are subject to statutory rules of procedure. Within the ambit of these regulations the procedure and conduct of the inquiry is a matter entirely for the Inspector's discretion. The order in which evidence is heard and the form which the inquiry takes have, in general, been well established. The order may be varied according to the type of case or at the Inspector's discretion, bearing in mind the proceedings must be characterised by their fairness and impartiality and by the observance of natural justice.

G.11 The Inspector, but not an Assessor, has the power to take evidence on oath and to summons witnesses (Section 250 of the Local Government Act 1972). He is not bound by the rules of evidence, which are complex, but must have regard to the undesirability of the more obvious transgressions of these rules, such as the use of leading questions except in those circumstances where leading questions are normally permissible. For example, an Inspector will usually forbid leading questions in re-examination, while allowing them in cross-examination.

G.12 It must always be remembered that the Inspector is the person appointed to conduct the Inquiry. Even when specialist issues are being argued it is the Inspector who is being addressed by parties and who has the right to put questions to witnesses and those appearing on behalf of the parties. When specialist issues arise, it may be enough for the Inspector to put questions suggested to him or her by the Assessor. Usually however, the Inspector asks the Assessor to put the questions after the witness has been examined, cross-examined and re-examined, but before the Inspector's own questions.

G.13 When putting questions it is necessary that there should be no suggestion of partiality either in the manner in which they are put or in the phrasing. There must be no attempt to cross-examine, to lead, or to discredit a witness by embarking on a line of questioning more appropriate to an opposing advocate. Comments or expressions of opinions of any kind must be scrupulously avoided. It is always better to ask a series of short questions rather than a multiple question requiring an answer in several stages.

G.14 Disputes sometimes arise on matters such as the admissibility of evidence, on the submission of documents, or on procedural or legal points, and sometimes the conduct or status of a witness is called in question. The Inspector should make sure that the observations of all the parties involved in such disputes are fully heard before any ruling is made; with tact and discretion the dispute may often be resolved without a ruling being necessary. In any such event an Assessor should leave decisions on procedure to be handled by the Inspector, who is responsible for the conduct of the inquiry, even though the dispute may concern evidence or matters which fall within the province of the Assessor's specialised field.

G.15 Indeed the Assessor must resist the temptation to interrupt the proceedings at any stage; if an important point arises which in his or her opinion needs to be cleared up immediately, a note passed quietly to the Inspector is usually the best way of making him or her aware of it. Assessors should not attempt to hold whispered conversations with the Inspector while others are addressing him or her. He or she has to be seen at all times to be paying undivided attention to the representations. If it is essential for the Assessor to speak to the Inspector, the latter will have to halt the proceedings momentarily, or formally adjourn.

G.16 Interruptions by the Inspector are a different matter. Advocates may sometimes have to be restrained from spending too much time on irrelevant matters. On the other hand, appellants or other interested persons who are not represented may have difficulty in arguing their cases fully, or in cross-examining opposing witnesses. It is for the Inspector, if necessary with the advice of the Assessor, to anticipate the arguments implied and to elicit the necessary information, even to the extent of framing and putting suitable questions to witnesses himself, without showing bias in favour of either side.

G.17 At all times patience, discretion and unfailing courtesy must be shown in all dealings with the public. Sitting by the Inspector's side, the Assessor must share his or her courteous, temperate, judicial approach. The Assessor should support the Inspector by being soberly dressed and always punctual. Even when it is clear that the Assessor has no direct involvement in the proceedings at a particular stage, he or she should be seen to be paying attention to the evidence being given.

The Site Visit

G.18 The Assessor and the Inspector may pay an unaccompanied visit to the site which is the subject of the inquiry before the inquiry is held (provided that discretion is exercised and that entry to private property is not entailed). It is also usual to make a formal site inspection after the inquiry in company with representatives of the main parties and of such other parties as have the right to accompany the Inspector, or do so at the Inspector's discretion. Other visits may be made during the course of the inquiry either accompanied or unaccompanied. The site visit or visits, as in all matters concerning the inquiry proceedings, must be characterised by fairness and impartiality. The Assessor as well as the Inspector, must not be accompanied at any stage of the visit by the representative of one party without the presence of a representative of one or more of the other parties. The Assessor and Inspector should keep close to each other throughout the inspection, because if something is pointed out to one, the other should also be aware of it. New evidence cannot be adduced during the visit nor any comment made, but it is legitimate for the parties to direct the attention of the Assessor and the Inspector to physical features they believe are important to the cases. If it seems essential to ask a question about what is seen, it must be so framed that the answer is likely to be a verifiable fact.

G.19 If during a site inspection after the inquiry is closed it becomes clear to the Assessor that there are new aspects of the case that have not been raised at the inquiry and which are likely to influence his conclusions, then the Inspector should be consulted and steps taken in accordance with established procedures to refer such matters to the parties for comment before the report is completed. It is therefore of particular importance that Assessors should prepare carefully for the inquiry. They may need to make arrangements with the Inspector to look at the site in advance in order to foresee what information they will need to obtain on matters which may be important but which may, nevertheless, not otherwise be raised during the inquiry.

The Inspector's Report

G.20 The established form of report begins with a preamble which sets out a brief statement on the purpose and scale of the proposal(s), the subject of the Scheme(s) and/or Order(s) before the inquiry. This is followed by a factual description of the site and surroundings and other non-controversial matters and by the material points of the cases made on behalf of the main parties and of other interested parties. These are followed by the Inspector's conclusions based on facts which have been established during the course of the inquiry. They should, through a reasoned argument, lead convincingly to a recommendation.

G.21 The Assessor will give such advice to the Inspector on the specialised issues arising at the inquiry as may seem to him or her to be necessary, and will collaborate with the Inspector in the production of his or her report. It should be remembered that it is for the Inspector to ascertain the facts, and to reach his or her own conclusions. Where the specialist issues are complicated or difficult the Assessor may assist the Inspector by preparing draft findings on those issues, and any conclusions to be drawn from them which the Inspector may adopt. However, they become the Inspector's findings and conclusions, and he or she must accept full responsibility for them. Any conclusions of the Assessor should, like those of the Inspector, derive from what he or she has seen and heard at the inquiry.

G.22 The Assessor's conclusions will be arrived at in the light of his or her specialist knowledge and experience, and a background of generally accepted data on such matters can be assumed. The Assessor should not, however, take into account any view or controversial technical material which has not been canvassed at the inquiry.

G.23 In many cases, all that will be necessary is for the Inspector to state at the end of his conclusions:

The Assessor, Mr .............agrees with my conclusions in paragraphs .........

provided, of course, that he or she does so. Alternatively, if it is felt that the Assessor's contribution should be more clearly identified, it should be possible to frame the report in such a way that the specialist advice can be introduced in appropriate places by the phrase:

I am advised by the Assessor that ......

G.24 However, in cases where there has been a great deal of argument and where the decision turns on specialist issues, it will be appropriate for the Assessor to produce a written report to the Inspector. The report should only cover those specialist matters upon which the Inspector needs advice. It will be appended to the Inspector's own report and the Inspector will state how far he agrees or disagrees with it. It must bear the Assessor's signature, carry the appropriate file reference, and be headed by an appropriate brief title, such as:

Compulsory Purchase Order......., and the suffix Assessor's Report