Scroll down for the supplement to Chapter 8.
Links and downloads referred to in the text of Chapter 8
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| 235 | Advice Note 1 : Conduct of inquiries into rights of way orders where order-making authorities do not actively support an order (Planning Inspectorate, 2005) | download |
| 235 | Advice Note 2 : Conduct of site visits relating to rights of way orders (Planning Inspectorate, 2005) | download |
| 235 | Advice Note 3: Advice on: (a) introduction of case law by the parties to an order; (b) legal submissions at inquiries; (c) consideration of new evidence by Inspectors in rights of way decision letters (Planning Inspectorate, revised 2007) | download |
| 236 | Advice Note 10 : Wildlife and Countryside Act 1981 – Inquiries and hearings into proposed modifications – Marriott v Secretary of State for the Environment, Transport and the Regions (Planning Inspectorate, 2003) | download |
| 236 | Award of costs incurred in planning and other (including compulsory purchase order) proceedings (Department of the Environment, circular 8/1993) | link |
| 236 | Checklist for order-making authorities (Planning Inspectorate, revised October 2007) | link |
| 236 | Costs awards in planning appeals – a guide for appellants (Office of the Deputy Prime Minister) | link |
| 236 | Definitive Map Orders (Planning Inspectorate, revised 2007) | link |
| 236 | Public inquiry facility note (Planning Inspectorate, 2004) | link |
| 236 | Public Path Orders (Planning Inspectorate, revised 2007) | link |
Supplement to the text of Chapter 8
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| 226 | 8.1 The Planning Inspectorate is now making decisions on definitive map modification and public path orders for England available on its website. | link |
| 226 | 8.1 footnote 1. The previous advice in Circular 2/1993 about what to send with orders has been replaced, for authorities in England, by advice in paragraph 4.26 of Defra circular 1/08 to authorities to use the Inspectorate’s checklist.. | download |
| 226-232 | 8.1, 8.2, 8.3 The Rights of Way (Hearing and Inquiry Procedure) (England) Rules 2007 apply to modification and public path orders in England submitted to the Secretary of State on or after 1st October 2007. The Planning Inspectorate (PINS) has issued a publication (revised in November 2008) which explains the rules, includes copies of the rules and a Defra circular, and also sets out a procedure, similar to the rules, for orders determined by the written representations procedure. PINS is also making available on its website the notices giving the dates for orders. |
link to rules and to PINS guidance link for notices |
| The Rules require notice to be given of the following matters: | ||
| Notice to be given by the Secretary of State (or PINS on his behalf): | ||
| (a) Preliminary notice indicating whether an inquiry or hearing will be held and its date, time and place [Rule 4] | ||
| (b) Any pre-inquiry meeting [Rule 15] | ||
| (c) Intention to disagree with the inspector [Rules 11 and 23] | ||
| (d) Proposed modifications [Rule 27] | ||
| (e) Decision [Rules 13, 14, 25 and 26] | ||
| Notice to be given by the Inspector: | ||
| Decision to take into account any subsequent material [Rules 12 and 24] | ||
| Notice to be given by the order-making authority: | ||
| Notice of hearing or inquiry on site and in a local newspaper [Rules 5(3) and 16(3)] | ||
| The order-making authority has the following duties: | ||
| (a) to ensure that, within eight weeks of the start date, the Secretary of State has received its statement of case [Rules 6(2) and 17(1)] | ||
| (b) to ensure that the Secretary of State receives any proofs of evidence (and summary if necessary) not less than four weeks before the start of the inquiry [Rule 20] | ||
| (c) to ensure that notice of the date, time and place of a hearing or inquiry is placed on site and in a local newspaper not less than four weeks before it starts [Rules 5(3) and 16(3)] | ||
| The order-making authority has the following rights: | ||
| (a) to receive preliminary notice indicating whether an inquiry or hearing will be held and its date, time and place [Rule 4(4)(b)] | ||
| (b) to receive from the Secretary of State a copy of any other statement of case [Rules 6(6)(b) and 17(6)(b)] | ||
| (c) to receive from the Secretary of State a copy of any further information he required any person to supply [Rules 7(3) and 18(3)] | ||
| (d) to appear at a hearing and give oral evidence or call someone else to do so [Rules 8(1)(a) and 9(6)(a)] | ||
| (e) to receive notice of any pre-inquiry meeting [Rule 15(2)] | ||
| (f) to appear at an inquiry, and unless determined otherwise by the inspector, to begin proceedings [Rules 19(1)(a) and 21(4)] | ||
| (g) if appearing at an inquiry, to give or call another person to give, oral evidence and to present, or call another person to present, any matter; and to cross-examine any person giving evidence or presenting any matter to the inquiry [Rules 21(5) and 21(6)] | ||
| (h) to receive notice of the intention of the Secretary of State to disagree with the inspector and to be given an opportunity to make representations; and to receive notice of any re-opened hearing or inquiry [Rules 11(6), 11(9), 23(6) and 23(9)] | ||
| (i) to receive notice of a decision by an Inspector to take into account any subsequent material and to be given an opportunity to make representations, and to receive notice of any re-opened hearing or inquiry [Rules 12(3), 12(6)(a), 24(3) and 24(6)(a)] | ||
| (j) to receive notice of the decision [Rules 13(2), 14(2), 25(2) and 26(2)] | ||
| The dates for hearings and inquiries have to be: | ||
| (a) for a hearing, within 20 weeks of the ‘start date’ (the date of the preliminary notice, or, where that is not practicable, the earliest possible date [Rule 5(1)] | ||
| (b) for an inquiry, within 26 weeks of the ‘start date’ (the date of the preliminary notice, or, where that is not practicable, the earliest possible date [Rule 16(1)] | ||
| The date, time or place of an inquiry or hearing may be changed, subject to notice being given [Rules 5(2) and 16(2)] | ||
| Where a proof of evidence is more than 1,500 words long, it has to be accompanied by a summary [Rule 20(4)] | ||
| 231, 232 | 8.2.11 footnotes 14 and 15 Advice formerly in circular 2/1993 is now, for authorities in England, in Defra circular 1/08, chapter 9. | download |
| 235 | Further Reading Planning Inspectorate Advice Note 3 (see above list) was revised in June 2007. | |
| 236 | Further Reading The Planning Inspectorate’s checklist for order-making authorities (see above list) was revised in March 2007 and again in October 2007. | |
| 236 | Further Reading The Planning Inspectorate’s Definitive Map Orders and Public Path Orders guides (see above list) have been revised. They have been superseded for English orders submitted to the Inspectorate from 1 October 2007 by new guidance (revised in November 2008). | link to new PINS guidance |