Article 11 Procedure at hearing
Except as otherwise provided in these Rules, the inspector is to determine the procedure at a hearing.
A hearing must take the form of a discussion led by the inspector and cross-examination will not be permitted unless the inspector considers that cross-examination is required to ensure a thorough examination of the main issues.
Where the inspector considers that cross-examination is required under paragraph (2), the inspector must consider, after consulting the appellant and the local planning authority, whether the hearing should be closed and an inquiry held instead.
At the start of the hearing, the inspector must identify what are, in the inspector’s opinion, the main issues to be considered in the hearing and any matters on which the inspector requires further explanation from any person entitled or permitted to take part.
Nothing in paragraph (4) precludes any person entitled or permitted to take part from referring to issues which they consider relevant to the consideration of the appeal but which were not issues identified by the inspector pursuant to that paragraph.
A person entitled to take part in a hearing is entitled to call evidence but, subject to the foregoing and paragraphs (7) and (8), the calling of evidence will otherwise be at the inspector’s discretion.
The inspector may refuse to permit the—
giving or production of evidence; or
presentation of any other matter,
which the inspector considers to be irrelevant or repetitious; but where the inspector refuses to permit the giving of oral evidence, the person wishing to give the evidence may submit to the inspector any evidence or other matter in writing before the close of the hearing.
The inspector may—
require any person attending (whether or not they take part) a hearing who, in the inspector’s opinion, is behaving in a disruptive matter to leave; and
refuse to permit that person to return; or
permit that person to return only on such conditions as the inspector may specify,
but any such person may submit to the inspector any evidence or other matter in writing before the close of the hearing.
The inspector may allow any person to alter or add to a hearing statement received under rule 5 so far as may be necessary for the purposes of the hearing; but the inspector must (if necessary by adjourning the hearing) give every other person entitled to, and who does, take part in the hearing an adequate opportunity of considering any fresh matter or document.
The inspector may proceed with a hearing in the absence of any person entitled to take part in it.
The inspector may take into account any written representation or evidence or any other document received by the inspector from any person before a hearing opens or during the hearing provided that the inspector discloses it at the hearing.
The inspector may from time to time adjourn a hearing and, if the date, time and place of the adjourned hearing are announced at the hearing before the adjournment, no further notice is required.