Section 94: Hearings: general provisions, Planning Act 2008

The following provisions of this section apply—

to a hearing under section 91(2),

to a compulsory acquisition hearing (see section 92), and

to an open-floor hearing (see section 93).

The hearing—

must be in public, and

must be presided over by one or more of the members of the Panel or (as the case may be) the single appointed person.

It is for the Examining authority to decide how the hearing is to be conducted.

In particular, it is for the Examining authority to decide—

whether a person making oral representations at the hearing may be questioned at the hearing by another person and, if so, the matters to which the questioning may relate;

the amount of time to be allowed at the hearing—

for the making of a person's representations (including representations made in exercise of an entitlement under section 91(3), 92(4) or 93(3)), or

for any questioning by another person.

The Examining authority's powers under subsections (3) and (4) are subject to—

subsection (2), and

any rules made under section 97.

Although the Examining authority's powers under subsections (3) and (4) may be exercised for the purpose of controlling exercise of an entitlement under section 91(3), 92(4) or 93(3), those powers may not be exercised so as to deprive the person entitled of all benefit of the entitlement.

In making decisions under subsection (4)(a), the Examining authority must apply the principle that any oral questioning of a person making representations at a hearing (whether the applicant or any other person) should be undertaken by the Examining authority except where the Examining authority thinks that oral questioning by another person is necessary in order to ensure—

adequate testing of any representations, or

that a person has a fair chance to put the person's case.

The Examining authority may refuse to allow representations to be made at the hearing (including representations made in exercise of an entitlement under section 91(3), 92(4) or 93(3)) if the Examining authority considers that the representations—

are irrelevant, vexatious or frivolous,

relate to the merits of policy set out in a national policy statement,

repeat other representations already made (in any form and by any person), or

relate to compensation for compulsory acquisition of land or of an interest in or right over land.

Section 94: Hearings: general provisions

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