F1SCHEDULE 4BProcess for making of neighbourhood development orders
Independent examination
9
(1)
The general rule is that the examination of the issues by the examiner is to take the form of the consideration of written representations.
(2)
But the examiner must cause a hearing to be held for the purpose of receiving oral representations about a particular issue at the hearing—
(a)
in any case where the examiner considers that the consideration of oral representations is necessary to ensure adequate examination of the issue or a person has a fair chance to put a case, or
(b)
in such other cases as may be prescribed.
(3)
The following persons are entitled to make oral representations about the issue at the hearing—
(a)
the qualifying body,
(b)
the local planning authority,
(c)
where the hearing is held to give a person a fair chance to put a case, that person, and
(d)
such other persons as may be prescribed.
(4)
The hearing must be in public.
(5)
It is for the examiner to decide how the hearing is to be conducted, including—
(a)
whether a person making oral representations may be questioned by another person and, if so, the matters to which the questioning may relate, and
(b)
the amount of time for the making of a person's oral representations or for any questioning by another person.
(6)
In making decisions about the questioning of a person's oral representations by another, the examiner must apply the principle that the questioning should be done by the examiner except where the examiner considers that questioning by another is necessary to ensure—
(a)
adequate examination of a particular issue, or
(b)
a person has a fair chance to put a case.
(7)
Sub-paragraph (5) is subject to regulations under paragraph 11.