A road scheme will go through a public inquiry unless it is a motorway-widening scheme on land the Government already owns or it is a non-controversial scheme and nobody has objected to having their land compulsory purchased.
A public inquiry is a hearing of both sides of the argument regarding a road scheme. An inspector, appointed by the Planning Inspectorate, hears the evidence and then makes a recommendation to the Government about the scheme, which the Government Minister uses to help make his or her final decision.
Current inquiries
Which Minister makes the decision depends on what type of inquiry it is. An inquiry into compulsory purchase orders and side road orders will be decided by the Transport Minister. A called-in local road inquiry, because it’s hearing evidence about planning issues as well as side road orders and compulsory purchase orders, will be decided jointly by the Planning Minister (at the Department for Communities and Local Government) and the Transport Minister.
The inquiry will be run along quite formal lines. The council or Highways Agency will hire barristers and there may be armies of officials. The whole atmosphere can seem rather like a courtroom, although the inquiry is not a court of law.
The inspector will go to great lengths to be entirely independent, even though the barristers and the inspector may appear very chummy. The inspector will have a separate room away from the applicant and the objectors, and will even eat his or her lunch away from others!
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