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APPEAL PRESENTATIONS
Presentation
Your
professional advisor (Solicitor, Barrister etc) or the Inspector will invite
you to come forward and sit at a table close to the Inspector. This is usually
on the opposite side to the table occupied by the Council officers and their
Barrister or Solicitor.
The Inspector
will ask you to confirm your name and to make your points. If you are
represented your advisor will direct you through the proceedings. It will
usually be in order for you to remain seated throughout the presentation of
your evidence.
Proofs of
Evidence will be taken as read, but you will be invited to outline the key
points and you may chose or be directed to read from a summary of your
statement.
Cross
Examination
The advocate
for the Council then has the opportunity to ask you questions about your
evidence. This can be a little daunting, but the Council are not trying to
trick you, they are merely testing you on the strength of your case.
Address your
replies to the Inspector not the advocate.
A calm
reasoned response is all that is necessary. Try and be concise and avoid
repeating the same point.
The Inspector
will stop any unreasonable behaviour (by either side).
There may be
other people watching proceedings who have expressed a desire to comment on
your appeal. They may be allowed to ask you questions as well.
Once the
Councils advocate has completed his questions, the Inspector will ask any
questions he may have. This is to enable him to clarify any points of
uncertainty or raise issues not covered by the Councils questions.
The Local
Authority's Case
You will have
received a copy of the Councils' evidence well before your appearance date and
had an opportunity to draft any questions or points of clarification you wish
to explore. Other questions may have come up during cross-examination.
You or your
advisor will be invited to cross-examine the Councils' witnesses (the relevant
planning officer and other representatives) with your questions.
Although
cross-examination can be a valuable way of emphasising your case and the
weaknesses of the Councils position, it does need to be handled carefully.
There is always a danger you will receive an answer that you would prefer to
have avoided. Try and think your questions through and it is often best to
write them down so in the heat of the moment you don’t forget to ask that vital
question. Tick them off as you go.
Once you have
finished your questions the Inspector may ask the Councils' witness his own
questions as before.
Summing Up
The advocate
for the Council will then briefly sum up their case.
The Inspector
will then ask you or your advisor to sum up your case. You should not do this
at length, but just explain clearly and briefly the main issues and highlight
any points that have been raised during the debate.
You will
probably notice that whilst you are talking the Inspector is writing down your
words verbatim. Talk at a pace that the Inspector can keep up with. Perhaps
break your speech at the end of each main point to emphasise the next point.
Make sure you
cover all the points you wish to make without over-elaboration or repetition.
Once the inquiry is closed, you will not have another chance.