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 the Inquiry
- Assessors
Role of Assessors - The Scope of the Inquiry
The Orders Before the Inspector
Government Policies and Methodologies, Design Standards, Economic Assumptions and Forecast of Traffic Growth
Validity of the Inquiry
The Relevance of the Submissions and Evidence Presented
Consideration of Suggested Modifications and Alternative Proposals
Compulsary Purchase Orders for Roads Schemes
Line Order Made
Planning Permission Granted
Planning Permission granted after Local Plan Approval
Objection 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 Inquiry
Programming
Objection 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Withdrawn Objections, Conditionally withdrawn objections and Counter Objections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 Final Reply 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
Application 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 Conculsions
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 judgement of Lord Diplock in the case of Bushell and Another v Secretary of State on 7th February 1980 - 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
Inspector's Reports - Appendix H 1
- Appendix H 2
- Appendix H 3
- Appendix H 4
- Appendix I
Example of an Appearance 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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