- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made).
30.—(1) Where it has been decided that a public inquiry is to be held in relation to an application or proposal, the determining authority must appoint an inspector—
(a)to hold the inquiry; and
(b)if the inspector is not also to determine the application, to provide a report and recommendation to the determining authority.
(2) Subject to the following provisions of this regulation, and to regulation 32, the procedure at the inquiry is to be determined by the inspector.
(3) Any person interested in the subject-matter of an inquiry may appear at the inquiry in person or by a representative.
(4) The inspector may, at any stage of an 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.
(5) The inspector may—
(a)require a person to leave an inquiry;
(b)prevent a person from participating in the inquiry by giving evidence, cross-examining a person giving evidence, or presenting any matter; or
(c)permit a person to remain at, or participate in, the inquiry only on specified conditions.
(6) The inspector may proceed with an inquiry in the absence of any person entitled to appear at it.
(7) The inspector may take into account any written representations or evidence or any other document received by the inspector from any person before or during an inquiry, provided that the inspector discloses it at the inquiry.
(8) The inspector may—
(a)adjourn an inquiry to another date;
(b)adjourn an inquiry to the site of any land affected by the application or proposal, and conduct part of the inquiry at that site in conjunction with a site inspection.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: