The Town and Country Planning (Hearings Procedure) (Wales) Rules 2003

Procedure at hearing

11.—(1) Except as otherwise provided in these Rules, the inspector is to determine the procedure at a hearing.

(2) A hearing is to take the form of a discussion led by the inspector and cross-examination is not to be permitted unless the inspector considers that cross-examination is required to ensure a thorough examination of the main issues.

(3) Where the inspector considers that cross-examination is required under paragraph (2) the inspector must consider, after consulting the appellant and the local planning authority, whether the hearing should be closed and an inquiry held instead.

(4) At the start of the hearing the inspector must identify what are, in the inspector’s opinion, the main issues to be considered at the hearing and any matters on which the inspector requires further explanation from any person entitled or permitted to take part in the hearing.

(5) Nothing in paragraph (4) precludes any person entitled or permitted to take part in the hearing 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.

(6) A person entitled to take part in a hearing is entitled to call evidence but, subject to the foregoing and paragraphs (7) and (8), the calling of evidence is otherwise to be at the inspector’s discretion.

(7) The inspector may refuse to permit the—

(a) giving or production of evidence; or

(b) presentation of any other 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 hearing.

(8) The inspector may—

(a) require any person taking part in, or present at, a hearing 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 hearing.

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

(10) The inspector may proceed with a hearing in the absence of any person entitled to take part in it.

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

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