Definitive Map Orders
4 The hearing procedure
4.1 Authorities send rights of way orders to the Planning Inspectorate so that the Secretary of State can decide whether they should be confirmed. In practice, an inspector makes this decision. In the past, we dealt with orders in one of two ways. Either by written representations or by holding a local public inquiry. (Please see parts 2 and 3 of this booklet.)
4.2 We have been told that local public inquiries can be too formal and intimidating for members of the public. So we have decided that if possible, we should have a hearing instead of an inquiry.
4.3 A hearing is a discussion led by the inspector who will decide the case. It is a simple and informal way of considering the reasons for and against confirming an order. To help with this, everyone involved in the discussion should sit around a table. A small committee room is usually suitable for a hearing. The council chamber with its more formal atmosphere should not normally be used. We expect a hearing will benefit everyone who attends, not only those directly involved. So, if we offer a hearing instead of a local public inquiry, we hope the offer will be accepted.
4.4 Hearings have become a successful way of deciding planning appeals. Our experience with hearings has shown that because of the 'round-table' format, a hearing is not suitable if one or more of the following apply.
- So many people want to speak that a round-table discussion would not be possible.
- There are complicated policy matters.
- There are important legal issues.
- Cross-examination is needed.
Agreeing the procedure
4.5 We will look at all cases where we would normally hold an inquiry to see whether a hearing would be suitable. If we think it would, we will offer a hearing. We ask everyone involved to let us know, within 10 working days of the date of the offer, whether they want us to hold a hearing. They should bear in mind that if we hold a hearing they cannot apply for a summons to force anyone to attend. We will only arrange a hearing if everyone involved agrees.
4.6 We will aim to arrange the hearing within 12 weeks from the date of the agreement. And we will give everyone involved at least 28 days' notice of the date, time and place of the hearing. We will tell the objectors about the hearing, and the authority will tell anyone else who has an interest in the land in question, or has written to them about the order. The authority will also let those people know:
- where and when they can inspect copies of the pre-hearing statements and any other relevant documents; and
- that if the inspector agrees, they can take part in the discussion at the hearing
- The authority will also advertise the hearing in the local area. We suggest that the authority should at least put notices with information about the date, time and place of the hearing at both ends of the relevant path.
Giving information
4.7 We will only get the full benefits of a hearing if everyone involved agrees to give us the documents, other evidence and arguments they intend to rely on, well before the hearing. This means that everyone involved can study the issues thoroughly beforehand. The hearing can then be an open discussion of the main issues, without witnesses having to be examined and re-examined in the traditional way. So it is very important that the objectors and the authority send us a written statement at least 4 weeks before the date of the hearing. The statement should provide full details of the case they will make at the hearing, including a list of any documents they will refer to and, if possible, copies of the relevant sections from those documents.
4.8 The statements will be given to the inspector to study. At the same time, the objectors should send copies of their statements to the authority. We will send a copy of the authority's statement to the objectors. If the authority produces an extra statement, they should send a copy to us, and to the objectors.
4.9 Everyone involved must meet the timetable if we are to shorten the procedures. If the inspector is not given the information he or she needs at the right time, we may have to delay the hearing, or hold a local public inquiry instead.
4.10 We will arrange a local public inquiry if, before the hearing opens, an objector, the authority, or we decide a hearing is no longer suitable. During the hearing, if an objector or the authority decides the procedure is not appropriate, they should tell the inspector who will talk to everyone involved, and decide whether we should hold a local public inquiry instead. If the inspector decides that the hearing procedure is no longer appropriate, he or she may stop the hearing and ask for us to arrange a local public inquiry.
The procedure at the hearing
4.11 The inspector will explain what the hearing is about. He or she will:
- ask any questions he or she has about the order or the plans;
- describe the case as he or she understands it having read the papers and visited the site; and
- say what the concerns appear to be and check whether everyone agrees. After that, the concerns will be discussed in turn.
4.12 The authority will normally start by explaining their case. They may be represented by their legal adviser, but this is not essential. Everyone involved should have had the chance to read all the written material beforehand, so it should not need to be read out. If possible, new material and documents should not be produced once the hearing has opened, because the hearing may have to be postponed to give everyone time to consider them. If new documents are produced, the inspector may say whether he or she thinks the hearing should be postponed, and ask everyone at the hearing for their views. If everyone agrees that it should continue, the inspector will allow them to ask questions about any matters which need extra information or explanation. Everyone taking part in the hearing will be encouraged to ask as many relevant questions as they like. The authority will be asked if they want to make any final comments before the discussion closes and the site visit takes place.
4.13 The inspector may decide that certain matters could be dealt with more easily if the discussion continued at the site in question. He or she will only do this when satisfied that:
- the weather conditions are suitable;
- the discussion can continue without anyone being at a disadvantage; and
- everyone at the hearing agrees and can attend.
4.14 If the hearing is closed before the site visit takes place, the issues cannot be discussed at the site. The objectors and the authority will be asked if they want to go with the inspector to the site visit. Anyone at the hearing can also go.
4.15 Once the hearing and site visit have ended, the inspector will study all the evidence that was presented, both in writing and verbally, at the hearing. Then, he or she will write a decision letter. A copy of the letter will be sent to the authority, the objectors, and anyone else who has asked for a copy.
