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ANNEX 11.2
READERS’ CHECKLISTS
READER’S CHECKLIST – RIGHTS OF WAY ORDER DECISIONS
(Inspectors should bear it in mind when checking their work before submitting decisions)
Note: This Checklist should be used in the light of Section 11 of the Training
Notes (March 2016) and ROW Note 4/2009. Please indicate by a tick () or
cross(x) in the relevant box whether or not the OD fol ows the guidance; if
the guidance does not apply, leave the box blank.
Banner Heading & Bullet Points
1. If there is more than one Order, is the heading ‘Order Decisions’?
1
2. Are the opening date of the inquiry/hearing and the date(s) of site
visit(s) stated?
3. Are the details of the Inspector and the appointing SoS properly
shown?
4. Is/are the FPS reference/s correctly shown, with multiple Orders
distinguished by letters (e.g. Order A, Order B…)?
5. Is the reference to the enabling Act correct?
6. Is the title used for the Order the one that the Order itself states
should be used (or, if there is no such statement, is it identical to the
Order heading)?
7. Is there a brief indication of what the Order proposes, including a
reference to details in the Order Map and Schedule?
8. Is the date on which the Order was made and the number of
objections outstanding at the start of the inquiry/hearing stated?
9. Is the Summary of Decision(s) unambiguous, in the case of multiple
Orders referring to the relevant Order by its identification letter?
NUMBERED PARAGRAPHS
10. Is the numbering consecutive and continuous?
1 In the event of multiple orders in Wales, the translation for ‘Order Decisions’ is
‘Penderfyniadau ar y Gorchmynion’. Please take care to note that there is only one ‘y’ in
the plural for Gorchymyn!
Training Notes – Annex 11.2 – readers’ checklists
March 2016
11. Is there a section (usually headed ‘Preliminary Matters’) dealing, for
example, with matters such as: the Decision being made solely on
the basis of written representations; the OMA taking a neutral
stance; a Costs application (and, in such circumstances; the precise
duration of a multi-day inquiry); any possible errors in the Order(s)
or formal procedures, their possible remedy & significance for a
proper determination of the Order(s); any requests to the Inspector
for rulings; any adjournment beyond one day; any other information
relevant to the consideration of the Order(s) and not mentioned
elsewhere?
12. Is the Order Decision free from needless repetition of information
given or referred to in the Heading and Bullet points (e.g. the name
of the Order; route description details within the Order; details of the
Inspector’s appointment; dates of the inquiry/hearing and site
visits)?
(Note: Repetition is acceptable if it is a necessary part of considering
a point of procedure or weighing evidence)
13. Are the ‘Main Issues’ clearly identified in accordance with Section 11
of the Training Notes, so that the headings for the ‘Reasons’ that
follow stand out?
14. Are the sub-headings in bold italics and sub-sub-headings in plain
italics?
15. Are the matters raised under Other Matters relevant and in the
appropriate place in the OD (e.g. they don’t belong under ‘Preliminary
Matters’)?
16. Has a separate conclusion been reached for each heading?
17. Is/are the Conclusion/s worded as in Section 11 of the Training Notes
and is a separate Conclusion reached on each Order?
18. Is/are the Formal Decision worded as in Section 11 of the Training
Notes and is a separate Formal Decision made on each Order?
19. Does the signature block contain just the Inspector’s signature and
the word ‘Inspector’ underneath?
20. Are the Lists of Appearances and Documents laid out in accordance
with the Section 11 of the Training Notes?
Signed:……………………………………………for ESC
Name in capitals:………………………………….
Date:……………………………………………….FPS………………………………………
Training Notes – Annex 11.2 – readers’ checklists
March 2016
READER’S CHECKLIST – RIGHTS OF WAY SCHEDULE 14
DECISIONS
(Inspectors should bear it in mind when checking their work before submitting decisions)
Banner Heading & Bullet Points
21. If a non-statutory inquiry was held, is the opening date of the inquiry
shown?
22. Are the details of the Inspector and the appointing SoS properly
shown?
23. Is/are the FPS reference/s correctly shown, with multiple Appeals
distinguished by letters (e.g. Appeal A, Appeal B…)?
24. Is the reference to the enabling Act correct?
25. Are the dates when the application was made and when the
Surveying authority refused the application specified?
26. Is there a brief indication of the nature of the Appeal, and what
modification to the Definitive Map and Statement is sought?
27. Is the Summary of Decision(s) unambiguous?
NUMBERED PARAGRAPHS
28. Are the mandatory Preliminary Matters (paras 1-3) included?
29. Is the numbering consecutive and continuous?
30. Have the relevant parts of WCA 81 s 53 been quoted?
31.
Are the ‘Main Issues’ clearly identified in accordance with Section 11
of the Training Notes, so that the headings for the ‘Reasons’ that
follow stand out?
32. Are the sub-headings in bold italics and sub-sub-headings in plain
italics?
33. Are the matters raised under Other Matters relevant and in the
appropriate place in the AD (e.g. they don’t belong under ‘Preliminary
Matters’)?
34. Has a separate conclusion been reached for each heading?
Training Notes – Annex 11.2 – readers’ checklists
March 2016
35. Is the Formal Decision worded as in Section 11 of the Training Notes?
36. Does the signature block contain just the Inspector’s signature and
the word ‘Inspector’ underneath?
Signed:……………………………………………for ESC
Name in capitals:………………………………….
Date:……………………………………………….FPS………………………………………
Training Notes – Annex 11.2 – readers’ checklists
March 2016
READER’S CHECKLIST - FOR SCHEDULE 14 REPORTS
(Inspectors should bear it in mind prior to submitting reports)
Note: This checklist should be used in the light of Section 11 of the Training Notes (December
2014). Please indicate by a tick (
) or cross(x) in the relevant box whether or not the Report
follows the guidance; if the guidance does not apply, leave the box blank.
Banner Heading, Cover Sheet and Bullet Points
1. Is the cover sheet completed accurately and in accordance with the
guidance?
2. Do the case details of Appel ant and OMA match the cover sheet?
3. Are the paragraphs numbered sequential y?
Numbered Paragraphs
4. Are the mandatory Preliminary Matters (paras 1-3) included?
5. Are the reasons for the application clearly stated?
6. Are the reasons for the appeal clearly stated? (it might not always be
possible to differentiate between the two)
7. Does the Council’s case respond to al the points raised in the appeal?
8. Where the answer to 7 is
NO (
x) has it been stated
the Council made
no comment on…or words to that effect?
9. Is there an
Introduction which quotes the relevant law upon which
the
Conclusions are based?
10.
Have the relevant parts of WCA 81 s 53 been quoted?
11. Has the HA 80 s 31 been correctly quoted where 20 years of use is
relied upon?
12. Where Implied Dedication at Common Law is relevant, has the law
been quoted?
13. Where the case concerns any part of Circular 01/2009 has the
relevant paragraph been referred to accurately or quoted?
14. Where case law is quoted has the appropriate judgement been
accurately quoted and applied? (e.g.
Trevelyan v Secretary of State
for the Environment, Transport and the Regions [January 2000] –
Trevelyan OR v SSE ex parte Mrs J Norton and Mr R Bagshaw –
Norton & Bagshaw)
15. Does the analysis of the evidence consider only that which has
already gone before without introducing anything new?
Training Notes – Annex 11.2 – readers’ checklists
March 2016
16. Does the evidence lead logically to the
Conclusion?
17. Is the
Recommendation set out as laid down in the guidance?
18. Does the signature block contain just the Inspector’s signature and
the word ‘Inspector’ underneath?
Signed:…………………………………………………………… for ESC
Name in capitals:…………………………………
Date:…………………………………………
GO File Ref(s): ………………………................
Training Notes – Annex 11.2 – readers’ checklists
March 2016
Document Outline