The Town and Country Planning (Enforcement) (Determination by Inspectors) (Inquiries Procedure) (Wales) Rules 2003

Procedure at inquiry

17.—(1) Except as otherwise provided in these Rules, the inspector is to determine the procedure at an inquiry.

(2) At the start of the inquiry, the inspector must identify what are, in the inspector’s opinion, 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 take part.

(3) Nothing in paragraph (2) precludes any person entitled or permitted to take part from referring to issues which they consider relevant to the consideration of the appeal but which were not issues identified by the inspector pursuant to that paragraph.

(4) Unless the inspector otherwise determines, the appellant will begin and will have the right of final reply; and the other persons entitled or permitted to take part are to be heard in such order as the inspector may determine.

(5) A person entitled to take part in an inquiry will be entitled to call evidence and the appellant, the local planning authority and, in the case of an enforcement appeal, any person on whom a copy of the enforcement notice has been served will be entitled to cross-examine persons giving evidence, but, subject to the foregoing and paragraphs (6) and (7), the calling of evidence and the cross-examination of persons giving evidence will otherwise be at the discretion of the inspector.

(6) The inspector may refuse to permit the—

(a) giving or production of evidence;

(b) cross-examination of persons giving evidence; or

(c) presentation of any matter,

which the inspector considers to be irrelevant or repetitious; but where the inspector refuses to permit the giving of oral evidence, the person wishing to give the evidence may submit to the inspector any evidence or other matter in writing before the close of the inquiry.

(7) Where a person gives evidence in an inquiry by reading a summary of their written statement of evidence in accordance with rule 15(5)—

(a) the written statement of evidence referred to in rule 15(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 that summary alone; and

(b) the person whose evidence the written statement contains will then be subject to cross-examination on it to the same extent as if it were evidence they had given orally.

(8) The inspector may direct that facilities be made available to any person taking part in an inquiry to take or obtain copies of documentary evidence open to public inspection.

(9) The inspector may—

(a) require any person attending (whether or not they take part) at an inquiry who, in the inspector’s opinion, is behaving in a disruptive manner to leave; and

(b) refuse to permit that person to return; or

(c) permit that person to return only on such conditions as the inspector may specify,

but any such person may submit to the inspector any evidence or other matter in writing before the close of the inquiry.

(10) The inspector may allow any person to alter or add to a statement of case served under rule 6 so far as may be necessary for the purposes of the inquiry; but the inspector must (if necessary by adjourning the inquiry) give every other person entitled to, and who does, take part in the inquiry an adequate opportunity of considering any fresh matter or document.

(11) The inspector may proceed with an inquiry in the absence of any person entitled to take part in it.

(12) The inspector may take into account any written representation or evidence or other document received by the inspector from any person before an inquiry opens or during the inquiry provided that the inspector discloses it at the inquiry.

(13) The inspector may from time to time adjourn an inquiry and, if the date, time and place of the adjourned inquiry are announced at the inquiry before the adjournment, no further notice will be required.

(14) Where the National Assembly expects an inquiry to last for 4 days or more, any person who takes part in the inquiry, and makes closing submissions, must before the close of the inquiry provide the inspector with a copy of their closing submissions in writing.