§ Lord Denningasked Her Majesty's Government:
Whether a person appointed under paragraph 10(1) of schedule 15 to the Wildlife and Countryside Act 1981 is subject to any instructions, advice or influence by the Planning Inspectorate, or is independent and free to exercise his own judgment without fear of adverse consequences.
§ The Earl of ArranResponsibility for the subject of this question has been delegated to the Planning Inspectorate Executive Agency under its Chief Executive, Mr. H. S. Crow. The agency is therefore responding to the question.
52WALetter to Lord Denningfrom the Chief Executive of the Planning Inspectorate, Mr. H. S. Crow, dated 25 May 1994:
The Secretary of State for the Environment has asked me to reply to your question about the independence of inspectors appointed under paragraph 10(1) of Schedule 15 to the Wildlife and Countryside Act 1981.
In reaching decisions on rights of way orders inspectors are free to exercise their own judgement without fear of adverse consequences, subject to that decision being challenged in the courts.
To assist inspectors in this task they have access to a number of sources of advice including Department of the Environment circulars. Inspectors also have access to advice from Department of the Environment legal staff on legal issues. In determining orders the weight inspectors give to such advice is a matter for their discretion.