Part 3Inquiries
Procedure at the inquiry
rule 21 21.—(1) Except as otherwise provided in these Rules, the inspector may determine the procedure at an inquiry.
(2) At the start of the inquiry the inspector must identify what are, in the opinion of the inspector, the main issues to be considered at the inquiry and any matters on which the inspector requires further explanation from the persons entitled or permitted to appear.
(3) Nothing in paragraph (2) precludes any person entitled or permitted to appear from referring to issues which they consider relevant to the consideration of the application but which are not issues identified by the inspector pursuant to that paragraph.
(4) Persons entitled or permitted to appear will be heard in such order as the inspector may determine.
(5) Subject to the other provisions of this rule, the calling of evidence and the cross-examination of persons giving evidence will be at the discretion of the inspector.
(6) A person entitled to appear at an inquiry is entitled to call evidence.
(7) The applicant, the relevant local planning authority and any statutory party are entitled to cross-examine persons giving evidence.
(8) The inspector may refuse to permit the—
rule 21 8 a (a)giving or production of evidence,
rule 21 8 b (b)cross-examination of persons giving evidence, or
rule 21 8 c (c)presentation of any other matter,
which the inspector considers to be irrelevant or repetitious.
(9) Where the inspector refuses to permit the giving of oral evidence, the person wishing to give the evidence may submit any evidence or other matter to the inspector in writing before the close of the inquiry.
(10) Where a person gives evidence at an inquiry by reading a summary of their proof of evidence in accordance with rule 20(8)—
rule 21 10 a (a)the proof of evidence referred to in rule 20(1) will be treated as tendered in evidence unless the person required to provide the summary notifies the inspector that they now wish to rely on the contents of the summary alone, and
rule 21 10 b (b)the person whose evidence the proof of evidence contains will then be subject to cross-examination on it to the same extent as if it were evidence submitted orally.
(11) The inspector may direct that facilities must be afforded to any person appearing at an inquiry to take or obtain copies of documentary evidence open to public inspection.
(12) The inspector may require any person appearing or present at an inquiry who, in the inspector’s opinion, is behaving in a disruptive manner to leave and—
rule 21 12 a (a)refuse to permit them to return, or
rule 21 12 b (b)permit them to return only on such condition as the inspector may specify.
(13) Any person who is required to leave and is not permitted to return or who does not return may submit written representations to the inspector before the close of the inquiry.
(14) The inspector may allow any person to alter or add to their statement of case submitted in accordance with rule 13 so far as may be necessary for the purposes of the inquiry, but the inspector may (if necessary by adjourning the inquiry) give every other person entitled to appear who is appearing at the inquiry an adequate opportunity to consider any new matter or document.
(15) The inspector may proceed with an inquiry in the absence of any person entitled to appear at it.
(16) The inspector may take into account any written representation or evidence or any other document received by them from any person before an inquiry opens or during the inquiry provided that the inspector discloses it at the inquiry.
(17) The inspector may from time to time adjourn an inquiry and, if the date, time and place of the adjourned inquiry are announced before the adjournment, no further notice will be required.
(18) In respect of any inquiry that the Secretary of State expects to last for 8 days or more, any person, who appears at the inquiry and makes closing submissions, must by the close of the inquiry provide the inspector with a copy of their closing submissions in writing.