The Town and Country Planning Appeals (Determination by Appointed Person) (Inquiries Procedure) (Scotland) Rules 1997

Procedure at inquiry

19.—(1) Except as otherwise provided in these Rules, the procedure at the inquiry shall be such as the appointed person shall in his discretion determine.

(2) The appointed person shall state at or before the commencement of the inquiry the procedure which, subject to consideration of any submission by the parties, he proposes to adopt.

(3) Unless in any particular case the appointed person otherwise determines, the appellant shall begin and shall have the right of final reply; and other persons entitled or permitted to appear shall be heard in such order as the appointed person may determine.

(4) Subject to paragraph (5) of this rule, the appellant, the planning authority and the statutory parties shall be entitled to call evidence and to cross-examine persons giving evidence and to make closing statements but any other person appearing at the inquiry may do so only to the extent permitted by the appointed person.

(5) The appointed person may refuse to permit–

(a) the giving or production of evidence;

(b) the cross-examination of persons giving evidence; or

(c) the presentation of any other matter,

which he considers to be irrelevant or repetitious.

(6) The appointed person shall not require or permit the giving or production of any evidence whether written or oral, which would be contrary to the public interest; but save as aforesaid and without prejudice to rule 16(4) and section 265(4) to (7) of the Act (evidence at local inquiries) any evidence may be admitted at the discretion of the appointed person, who may direct that documents tendered in evidence may be inspected by any person entitled or permitted to appear at the inquiry and that facilities be afforded him to take or obtain copies thereof.

(7) The appointed person may at the inquiry allow any party to alter or add to the case contained in any statement served under rule 7(1), 8(1) or 9(1) or to any list of documents which accompanied such statement, so far as may be necessary for the purpose of determining the questions in dispute between the parties, but shall (if necessary by adjourning the inquiry) give the appellant or the planning authority, as the case may be, and all statutory parties an adequate opportunity of considering any such alterations or additions.

(8) If any person entitled to appear at the inquiry fails to do so, the appointed person may proceed with the inquiry at his discretion.

(9) The appointed person shall be entitled (subject to disclosure thereof at the inquiry) to take into account any written representations or statements received by him before or during the inquiry from any person, but shall circulate such documents in advance of the inquiry where he considers this to be practicable.

(10) The appointed person may from time to time adjourn the inquiry and, if the date, time and place of the adjourned inquiry are announced before the adjournment, no further notice shall be required.