§ Mr. Barronasked the Secretary of State for the Environment what guidance is given to inspectors hearing public inquiries about matters involving public access to land about the extent to which the inquiry should consider or hear evidence about claims to the ownership of the land in question.
§ Mr. MacfarlaneI understand that this question relates to the public inquiry held in 1982 concerning Maltby common. Prior to the inquiry the inspector was advised that the Secretary of State had satisfied himself on the ownership question and that the terms of reference did not extend to this issue. However, at the opening of the inquiry, this ruling was challenged by some of the objectors who argued that the ownership issue be investigated fully at the inquiry. The inspector responded that the inquiry could not be a forum for a detailed investigation of title to the land, but that in all the circumstances he was prepared to hear legal submissions as to whether the Secretry of State had jurisdiction to make the order, which was the subject of the inquiry. The inspector's decision was accepted by all the parties, and submissions by the parties on the ownership issue were made at the inquiry.