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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.