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Public Inquiries / Examinations

What are Examinations/Public Inquiries and Hearings?

Examinations/Public Inquiries and Hearings are not appeals but are conducted by the Commission at the request of the relevant Assembly Department. The Department makes the final decision and the Commission's role is to hear the views of the Department and all other parties who may include applicants, objectors or supporters (depending on the nature of the public inquiry/hearing) and then to present its report and recommendation to the Department. The Department is required to consider the Commission's report before making the final decision.

The distinction between an Examination/Public Inquiry and Hearing is broadly as follows:-

Examinations/Public Inquiries are held when the Department considers that parties making objections or representations on a particular matter should have the opportunity of having their views considered in public before a decision is made.

Hearings are held when the Department forms an initial view on a particular matter and the affected party requests the opportunity of appearing before and being heard by the Commission before the final decision is made.

What are the main types of Examination/Public Inquiries and Hearings?

Most Examination/Public Inquiries and Hearings arise as a result of objections to development plans/development schemes and representations made in respect of major planning applications. The latter are often referred to as Article 31 cases. The full range of the Commission's Examination/Public Inquiry/Hearing functions may be seen on our Functions page.

Examination/Public Inquiry and Hearing Procedure

Once the Commission receives a request for an examination/public inquiry or a hearing the following procedures are followed.

Pre-Examination/Inquiry/Pre-Hearing Stage

Pre-Examinations/Inquiry or Pre-Hearing meetings may be held to:-

• Explain procedures to be followed to the inquiry/hearing
• Establish a programme for hearing evidence;
• Encourage parties sharing a common cause to pool resources.

Examination/Public Inquiry/Hearing Stage

The Examination/Public Inquiry/Hearing will be conducted by a Commissioner(s) appointed by the Chief Commissioner. The Examination/Public Inquiry/Hearing is a public forum and the procedures are broadly similar to those for a planning appeal although the order in which parties present their cases may be different.

Post Examination/Public Inquiry/Hearing Stage

The following steps occur after the Examination/Public Inquiry/Hearing closes:-

• The Commissioner(s) prepares a report, visits the site(s) and makes recommendations to the Department;
• The Department considers the report and decides.

To find out more about procedures refer to "Procedures for  Plans" and "Procedures for Independent Examination of Development Plans", "Procedures for Public Local Inquires into Development Plans", "Procedures for Public Local Inquires into Development Schemes" and "Procedures for Public Local Inquires and Hearings into Major Planning Applications" on our publications page.

Commission and Commissioners' Reports

Reports on Examination/Public Inquiries and Hearings are not normally available to the public until after the Department has issued its decision. Requests for such reports should be made to the relevant Assembly Department, not the Commission.