OpenLegislation

Paragraph 17 Appeals determined by way of a hearing or inquiry—procedure

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Once the hearing or inquiry has started the inspector may adjourn it at any time.

(2)

The persons entitled to appear are—

(a)

the appellant;

(b)

Natural England;

(c)

any section 28L(2) party; and

(d)

any person who has made written representations concerning the appeal.

(3)

Except as otherwise provided in this Schedule, the inspector may determine the proceedings to be followed.

(4)

If any person at the hearing or inquiry behaves in a disruptive manner the inspector may—

(a)

require that person to leave;

(b)

prevent that person from participating in the hearing or inquiry, and in particular may refuse to allow that person to give evidence, cross-examine a person giving evidence, or present any matter; or

(c)

permit that person to remain at, or participate in, the hearing or inquiry only on specified conditions.

(5)

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

(6)

The inspector may permit any other person to appear at a hearing or inquiry, and such permission must not be unreasonably withheld.

(7)

Any person entitled or permitted to appear may appear in person or be represented by any other person.

(8)

The inspector may take into account any written representations or evidence or any other document received from any person before or during a hearing or inquiry, provided that the inspector discloses it at the hearing or inquiry.

(9)

The inspector may, at any stage of a hearing or inquiry, prevent any person from—

(a)

giving evidence,

(b)

cross-examining a person giving evidence, or

(c)

presenting any matter,

if the inspector considers it to be irrelevant or repetitious.