February 2009
Representations were made to the Planning Inspectorate (PINS) on 8 May 2008 aiming to improve defects in inspector practice. Focus was on specific errors involving the following issues:
2. 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.
3. 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 or hinder the process.
4. Where witnesses are clearly not impartial, evidence as to credibility must be accepted.
5. 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 the reversal of existing law on appeal in the Winchester case. It also involves situations where Defra changes its public advice, which has recently happened twice.
6. (added in November) If a point of law occurs to an inspector which has not been canvassed with the parties, it must be exposed for comment. A patently wrong interpretation of NERCA had reversed the inspector’s conclusion, and this has since led to the order being quashed. Further detail is under “Interpretation of legal points individually by inspectors” on the “Contentious Issues” page.
All six issues have now been resolved and the points we made accepted in full. This took eight months, largely due to the ineptitude of the Quality Assurance Unit at PINS who eventually handed the problem back to the Rights of Way Section and thence to the Specialist Casework Branch. The latter has apologised for the handling, and has written a commendably gracious letter confirming that all points had been discussed in depth at a two day meeting of inspectors. Appropriate guidance has now been given to inspectors.