Public inquiries

The process

Calling of inquiry
After compulsory purchase orders and side road orders have been consulted on, the Government decides whether to hold a public inquiry. The day the Government formally announces the inquiry is known as the 'relevant date'. All objectors will be notified. 

For inquiries regarding called-in schemes, the letter announcing the inquiry will detail what issues are to be covered by the inquiry, and what rules are to be followed. The letter covering the scope of the inquiry and what it will investigate is called the 'statement of matters'.

Preparation for inquiry
Generally, not later than six weeks after the 'relevant date' and at least four weeks before the inquiry, the promoter of the scheme - the council or Highways Agency -  will serve a 'statement of case' on the Minister and each objector. Objectors who want to properly fight the public inquiry should apply for 'Rule 6' status.

This statement of case outlines what arguments will be put forward at the inquiry, including the justification for the compulsory purchase orders. Attached to the statement are copies of all documents referred to and a list of any documents which the promoter intends to refer to at the inquiry.

The Highways Agency will also produce an environmental statement. With a local authority scheme, the authority will have already produced an environment statement for the planning application.

If you have responded to the draft orders you will be asked whether you wish to speak at the inquiry and call any witnesses. This is to allow a provisional programme to be drawn up. The Government asks every objector – you can imagine their postage costs begin to add it!

You may be asked to send in a proof of evidence as well.

If your inquiry is likely to last over two weeks it is likely that a programme officer will be appointed to assist the inspector and arrange the day-to-day programme of the inquiry.

For schemes where there are substantial objections, there is likely to be a pre-inquiry meeting, chaired by the inspector. The purpose of the meeting is to set the timetable and sort out procedural issues -- not to discuss the scheme, which will come later! The meeting is very important for setting the tone and getting what you need from the inquiry. 
How to make best use of a pre-inquiry meeting

At the inquiry
At the inquiry, the promoter begins by presenting his or her case, calling witnesses to support arguments. After that, other supporters of the scheme present their side. After that, the objectors present their case. Throughout, witnesses on both sides can be cross-examined. At the end, objectors and supporters sum up their cases through closing statements. The applicant’s barrister has the final say and makes the closing speech.

After the inquiry
The inspector will then close the inquiry and get on with writing his or her report. Report writing has been known to take a year and a half, but also could take just a few months! A general rule is that each day of the inquiry takes three workings days to write up. The inspector's report will then go to the Government. The Government may hold on to the report for quite some time before announcing a final decision.

The inspector may recommend (and the Government may accept) that the scheme be accepted, rejected or modified. The recent trend is for inspectors to accept the scheme on the whole but recommend modifications.

The decision!
The inspector's report and the Government's decision letter will be published at the same time.

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