Article 13 Procedure at inquiry

Except as otherwise provided in these rules, the inspector shall determine the procedure at the inquiry.

Unless in any particular case the inspector with the consent of the applicant otherwise determines, the applicant shall begin and have the right of final reply; and other persons entitled or permitted to appear shall be heard in such order as the inspector may determine.

A person entitled to appear at an inquiry shall be entitled to call evidence and the applicant, the relevant planning authority and any statutory objector shall be entitled to cross-examine any person giving evidence but, subject to paragraphs (4) and (5), the calling of evidence and the cross-examination of persons giving evidence shall otherwise be at the inspector’s discretion.

The inspector may refuse to permit—

which he considers to be irrelevant or repetitious; but where he so refuses to permit the giving of oral evidence, the person wishing to give the evidence may submit to him any written evidence or other matter in writing before the close of the inquiry.

Where a person gives evidence at an inquiry by reading a summary of his evidence in accordance with rule 12(5), the proof of evidence referred to in rule 12(1) shall, unless the person required to supply the summary notifies the inspector that he now wishes to rely on the contents of that summary only, be treated as tendered in evidence, and the person whose evidence the proof contains shall then be subject to cross-examination on it to the same extent as if it were evidence he had given orally.

The inspector may direct that facilities shall be afforded to any person appearing at the inquiry to take or obtain copies of documentary evidence open to public inspection.

The inspector may require any person appearing or present at the inquiry who, in his opinion, is behaving in a disruptive manner to leave it and may refuse to permit that person to return, or may permit him to return only on such conditions as he may specify; but any such person may submit to him any written evidence or other matter in writing before the close of the inquiry.

The inspector may allow any person to alter or add to a statement of case served under rule 7 so far as may be necessary for the purposes of the inquiry; but he shall (if necessary by adjourning the inquiry) give every other person entitled to appear who is appearing at the inquiry an adequate opportunity of considering any fresh matter or document.

The inspector may proceed with an inquiry in the absence of any person entitled to appear at it.

The inspector may take into account any written representation or evidence or any other document received by him from any person before an inquiry opens or during the inquiry provided he discloses it at the inquiry.

The inspector may from time to time adjourn an inquiry and, if the date, time and place of the adjourned inquiry are announced at the inquiry before the adjournment, no further notice shall be required.