Paragraph 5 I1

In the event of any disputed decision of the STWG being subject to review as provided by paragraph 4 the following protocol applies.

The voting members involved in the disputed decision (“the relevant members”) will attempt to resolve the matter and reach agreement on the disputed decision if possible without delay.

If the relevant members are unable to resolve the matter within three weeks of the disputed decision having been taken any relevant member may, by serving notice by email and recorded delivery post on all the other relevant members (“the notice”), with a copy to all other members of the STWG, within fourteen days of the expiry of the three weeks referred to above, or later by agreement between the relevant members, refer the disputed decision to an expert (“the expert”) for resolution.

In order to refer the disputed decision to the expert the notice must specify—

In the event that the relevant members are unable to agree whom should be appointed as the expert within 14 days after the date of the notice then any of the relevant members may request the President of the Law Society to nominate the expert at their joint expense.

The expert will be appointed subject to an express requirement that the expert reaches a decision on how the disputed decision is to be resolved and communicates it to the relevant members within the minimum practicable timescale allowing for the process in sub-paragraph (7) and the nature and complexity of the disputed decision and in any event not more than 42 days from the date of the expert’s appointment to act.

Following appointment the expert will be required to give notice to each of the relevant members inviting each of them to submit to the expert within 21 days written submissions and supporting material on their position in relation to the disputed decision with copies of those submissions and material being provided at the same time to the other relevant members. The expert will afford to each of the relevant members an opportunity to make counter submissions within a further 14 days in respect of any such submission and material.

The expert when making the expert’s determination shall have regard to the contents of any relevant national planning or transport policy and any relevant transportation policy adopted by the local highway authority and, where relevant, any increase or decrease in the traffic including public transport and travel by other sustainable means arising from the authorised development compared with that presented in the transport assessment or such other assessment, automatic traffic counts or monitoring data as may be supplied by the relevant members.

The expert will act as an expert and not as an arbitrator and the expert’s decision will (in the absence of manifest error) be final and binding on the relevant members and at whose cost will be at the discretion of the expert or in the event that the expert makes no determination, such costs will be borne by the relevant members in equal shares.