Regulation 37 Site inspections
England and Wales
Where it appears to an inspector that one or more matters would be more satisfactorily resolved by adjourning the hearing to the site of the appeal land he may adjourn the hearing to that site and conclude the hearing there provided he is satisfied that—
the hearing would proceed satisfactorily and that no party would be placed at a disadvantage;
all parties present at the hearing would have the opportunity to attend the adjourned hearing; and
neither the appellant nor the relevant authority has raised any reasonable objections to its being continued at the site of the appeal land.
Unless the hearing is to be adjourned to the appeal land pursuant to paragraph (1), the inspector may, where it appears to him necessary or expedient to do so, arrange to make an inspection of the appeal land in the company of the appellant and the relevant authority or their representatives F1....
In all cases where the inspector intends to make a site inspection he shall announce during the hearing the date and time at which he proposes to make it.
The inspector shall not be bound to defer an inspection if the appellant or the relevant authority is not present at the appointed time.
Annotations
Textual amendments
- F1
Words in reg. 37(2) omitted (1.10.2011) by virtue of The Access to the Countryside (Exclusions and Restrictions) (Amendment) (England) Regulations 2011 (S.I. 2011/2021), regs. 1(1), 16