OpenLegislation

Regulation 35 Site inspections

England and Wales

(1)

Where it appears to an inspector that one or more matters would be more satisfactorily resolved by adjourning the hearing to the appeal site, he may adjourn the hearing to that site and conclude the hearing there provided he is satisfied that—

(a)

the hearing would proceed satisfactorily and that no party would be placed at a disadvantage;

(b)

all parties present at the hearing would have the opportunity to attend the adjourned hearing; and

(c)

neither the appellant nor the Agency have raised any reasonable objections to its being continued at the appeal site.

(2)

Unless the hearing is to be adjourned to the appeal site 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 Agency, or their representatives; and the inspector shall arrange to make such an inspection if requested to do so by the appellant or the Agency before or during the hearing in relation to an appeal against the showing of any land as open country on a provisional map.

(3)

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.

(4)

The inspector shall not be bound to defer an inspection if the appellant or the Agency, or their representative, is not present at the appointed time.