Proposals to the Planning Inspectorate concerning
Inspectors' Practices.

August 2008


Representations were made to the Planning Inspectorate (PINS) on 8 May aiming to improve defects in inspector practice. Focus was on:

• The fact that inspectors must not take evidence privately, particularly as to untested points of law, without disclosing such information as soon as possible to the parties for comment or for taking legal advice.
• Inspectors cannot decide law, but they have to take a view to arrive at conclusions as to rights. They therefore need to be educated as to the principles of statutory interpretation.
• Order Decisions must necessarily contain a summary of the arguments from the parties. To omit major elements will leave parties dissatisfied as to recognition of their case, and will invite misconceived appeals.
• Where witnesses are clearly not impartial, evidence as to credibility must be accepted.
• If significant events occur after a public inquiry is closed, the inquiry should be re-opened. It is wrong for a decision to be changed without giving the parties an opportunity to comment. This is particularly relevant where there has been a change in law, such as the commencement of the NERC Act 2006, and recently the reversal of existing law on appeal in the Winchester case.

It was later pointed out to PINS that the last issue covers situations where Defra changes its public advice, which has recently happened twice. PINS eventually replied at junior level in a misguided and defensive manner. The objective is now being pursued at more senior level. A further example has also been raised of inspectors deciding issues that have not been exposed to the parties for comment. That example is particularly important because it involved a clear error of law which will generate a statutory appeal.


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