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planning-applications.co.uk |
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INQUIRY
CONDUCT & PROCEDURES
The
day has arrived!!
You
have confirmed your appearance date with the Programme Officer and he will have
given you an approximate appearance time. Always check the day before to make
sure that things haven't altered.
Ensure
that you arrive at the Inquiry Room in plenty of time. This will give you a
chance to listen to previous objectors and get a feel for the occasion. If you
are not appearing early in the timetable a visit to the Inquiry would be a good
idea in advance of your appearance.
Presentation
When
the previous objection has been dealt with 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 the objection you are seeking
to make. He will also explain the way in which the objection will be heard.
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 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 objection and the evidence you have submitted. This can be a little
daunting, but the Council is 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 that have formally objected and
expressed a desire to comment on your objection. They may be allowed to ask you
questions as well.
Once
the Councils advocate has completed his questions, the Inspector may ask any
questions of his own. This is to enable him to clarify any points of
uncertainty or raise issues not already covered.
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
will be invited to cross-examine the Councils' witness (the relevant planning
officer) 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 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.
Completion
Once
you have made you final comments the Inspector will thank you for your
attendance and complete your objection. He will then call forward the next
objector and the process will repeat again for that person.
Site
Visits
There
may be some circumstances where the Inspector would like to visit your
property, or you would like him to make a visit in order to show him the impact
of the points you have made in your evidence.
He
may have already visited the site unaccompanied prior to your appearance,
although he will only have inspected from a public vantage-point.
Formal
site inspections are arranged after all the closing submissions regarding your objection
and arrangements are co-ordinated through the Programme Officer. The Inspector
will usually encourage unaccompanied inspections, but will need to be
accompanied if he is entering onto private property. A representative from the
Council will also attend and possibly also other third parties may request
attendance with your permission.
The
purpose of the visit is not to go over the same points made during the Inquiry
hearing. The Inspector will make it clear that he will not listen to any new
evidence. You will be invited to point out physical features or other matters
that came up during the Inquiry that have a bearing on your case.
The
Inspector may ask any further questions of both you and the Council before
completing the visit.