Environmental Engineering Reference
In-Depth Information
Normally an inquiry is held if, following publication of a draft order, formal
objections have been received from a 'statutory consultee' or other interested party
(e.g. the owner or occupier of an affected property) and these objections cannot be
resolved by negotiation or handled through written representations. The procedures
applicable to the different types of transport inquiry are explained in DfT 2005g and
2006a. In some cases the granting of orders may be accompanied by 'deemed planning
permission' in which case a separate planning application is not needed. In others the
order will specify 'reserved matters' which have to be dealt with through the granting
of planning permission by the local planning authority.
In the case of local road proposals an order is not needed under the 1980 Highways
Act for the scheme itself but the local highway authority has to apply for planning
permission (unless as a unitary authority it is also the planning authority). The
proposal is then treated as any other development application. If compulsory purchase
or side roads orders are needed then these are sent to the Secretary of State (DfT) at
the Local Authority Orders Section for confirmation. The highway authority issues a
public notice and invites any objections to be sent to the DfT who arranges a public
inquiry if this is needed, and appoints an independent Inspector.
Unitary authorities are able to grant themselves planning permission for a local
road proposal, subject to consultation and provided they consider that it accords with
the development plan. If they consider that the proposal constitutes a departure from
the development plan then they have to notify Ministers who can decide whether to
follow the call-in procedure. If so an inquiry will be held.
An inquiry is based on initial written 'statements of case' submitted by the scheme
promoter and by any objectors or other parties who wish to make representations.
These documents and accompanying summaries are placed on deposit for a period
before the inquiry commences so that participants can read them and plan any
questioning they want to make. If the inquiry is potentially long and complex there
is likely to be a pre-meeting for all parties at which the handling of the issues is
discussed and a timetable arranged. The inquiry itself normally proceeds by each party,
beginning with the promoter, reading out the summary of their case (as contained in
written 'proof of evidence') and calling witnesses to speak in support of it. These are
open to cross-examination by any of the objectors on the basis of the full evidence
submitted. Objectors and others making representations then have the opportunity
to present their own case and call their own witnesses and in turn be cross-examined.
The promoter has the final right of reply. The Inspector is also likely to make a site
visit at which the promoter and other parties can point out any features relevant to
their case.
The Inspector may be assisted by a technical Assessor appointed by the Secretary
of State whose role is to test and evaluate specialised evidence. An Assessor normally
compiles his own written report which is added to the Inspector's own report.
In conducting an inquiry an Inspector should:
• make sure that (it) is open, fair and impartial
• report on objections that are presented at the inquiry
• comment on the arguments for and against the proposals, and
• consider the relevant facts and arrive at conclusions on the matters put to the
inquiry and recommend whether or not the proposals should be approved with
or without modification or give reasons for not making any recommendation.
(DfT 2005g para 13)
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