Cases - Dyason v Secretary of State for the Environment, Transport and the Regions

Record details

Name
Dyason v Secretary of State for the Environment, Transport and the Regions
Date
[1998]
Citation
2 PLR 54
Legislation
Keywords
Planning control
Summary

The Court of Appeal held that the absence of formal cross-examination created a danger that propositions were not thoroughly examined and that the inspector, possibly put off guard by the relaxed formality, did not provide the fair hearing required. There was insufficient inquiry into the agricultural justification of a large building for ostrich breeding. A hearing imposes an inquisitorial duty on the inspector to thoroughly investigate and examine the issues. Any suggestion that the requirements of a hearing are fundamentally different from a public inquiry is to be resisted.