Planning Act 2008 Explanatory Notes

Planning Act 2008

2008 CHAPTER 29

Commentary

Part 6, Chapter 4: Examination of applications under Chapter 2 or 3

Section 94: Hearings: general provisions

171. This section contains general provisions in respect of specific issue, compulsory acquisition and open floor hearings. It provides that these should be in public and presided over by at least one member of the Panel or the single Commissioner. The Examining authority will decide how a hearing is to be conducted.

172. In particular, the Examining authority can decide whether a person making an oral representation can be questioned by an interested party, and the duration of an oral representation and/or questioning. When making decisions about these matters, the Examining authority must apply the principle that it should undertake any oral questioning itself unless it is necessary to allow an interested party to do this in order to ensure adequate testing of any representations or that an interested party has a fair chance to put its case.

173. An Examining authority may refuse to allow a representation if it considers it:

a)

is irrelevant or frivolous;

b)

relates to the merits of policy set out in a national policy statement;

c)

repeats other representations already made; or

d)

relates to the compensation payable on the compulsory acquisition of land or of an interest in or right over land.