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Planning Inspectorate PDF Print E-mail

Notes from on high - the Planning Inspectorate

bookThe Planning Inspectorate (often abbreviated as PINS) is a Government agency responsible for settling planning disputes, from garden sheds to motorway construction.   Of interest to rights-of-way workers, it also acts on behalf of the Secretary of State to determine disputed RoW orders and claims.   PINS inspectors may hold Public Inquiries or settle by written representions.

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The PINS website RoW area is quite informative about the processes involved, and well worth a visit.  Meantime, a selection of significant documents is given below.

This list is provided for the use of GLASS members.
Crown Copyright material is reproduced with the permission of the Controller of HMSO and the Queen's Printer for Scotland.
There's a useful note about Crown Copyright on the web at HMSO

Name & notes external link library copy old versions
Consistency Guidelines
intended for PINS inspectors in RoW cases ; a window into how evidence will be treated.
link pdf
Oct2005
pdf (Jun2005) pdf (Dec2004) pdf (April2004) pdf (April2003)
PINS Definitive Map Orders Guide
a 'user guide' to the DMMO process
link pdf
PINS Public Path Orders Guide
a 'user guide' to the Diversion / stopping-up process
link pdf  
PINS Complaints Guide link pdf  
PINS Guide to High Court appeals link pdf  
Advice Notes
for inspectors, covering specific topics
no.1 May 2006
Conduct of Inquiries into Rights of Way Orders where order making authorities do not actively support an order.
link pdf pdf (Mar2005) pdf (June1998)
no.2 Oct 2005
Conduct of site visits relating to Rights of Way Orders.
link pdf pdf (Mar2005) pdf (Oct1998)
no.3 June 2003
a) Introduction of Case Law by the parties to an order.
b) Legal submissions at inquiries.
c) Consideration of new evidence by Inspectors in Rights of Way Decision Letters.
link pdf pdf (Feb1999)
no.4 July 1999
Advice on the Definition of "Cross Road".
link pdf
no.5 Oct 2005
Definitive Map and Definitive Statement - Precedence.
link pdf pdf (Jul2005) pdf (Mar2005) pdf (Sept2000)
pdf DOE letter
no.6 Oct 2000
The Sunningwell Judgement and the meaning of "As of Right".
link pdf
no.7 Oct 2005
Mayhew v The Secretary of State for the Environment Lasham Parish Meeting v Hampshire County Council.
link pdf pdf (May2005) pdf (Feb2001)
no.8 Feb 2001
Advice on the Definition of Byway Open to All Traffic - The effect of Masters v Secretary of State for the Environment, Transport and the Regions.
link pdf
no.9 May 2006
General Guidance to Inspectors on Public Rights of Way Matters.
link pdf pdf (Oct2005) pdf (Jan2004) pdf (Mar2001)
no.10 May 2003
Wildlife and Countryside Act 1981 - Inquiries and Hearings into proposed Modifications. Marriott v Secretary of State for the Environment, Transport and the Regions.
link pdf pdf (Mar2001)
no.11 March 2001
Wildlife and Countryside Act 1981 - The Meaning of "Private Carriage Road". Dunlop V Secretary of State for the Environment.
link pdf
no.12 Dec 2004
Wildlife and Countryside Act 1981 - Vehicles and Rights of way. Robinson v Adair. Stevens v Secretary of State for the Environment. R v Planning Inspectorate Cardiff ex parte Howell.
link pdf pdf (Mar2001)
no.13 WITHDRAWN
Definitive Map Modification and Reclassification Orders - see Consistency Guidelines instead.
    pdf (March2001)
no.14 Sept 2003
Legal Memory (The Evidential Value of Ancient Documents)
link pdf pdf (May2001)
no.15 December 2002
Breaks in user caused by Foot and Mouth Disease.
link pdf pdf (Mar2002)
no.16 May 2006
Widths on Orders
link pdf pdf (Oct2005) pdf (Jan2004) pdf (May2003)
no.17 WITHDRAWN
Cycle and horse-drawn Carriage use.
    pdf (Jan2004) pdf (June2003)
no.18 WITHDRAWN
RUPPs re-classified under the Countryside Act 1968
    pdf (Apr2004)
no.19 April 2005
Human Rights codes & RoW processes
link pdf
no.20 Feb 2006
Inspector's power to modify DMMOs - (covers procedural errors)
link pdf pdf (Oct2005) pdf (June2005)
Last Updated ( Friday, 02 February 2007 )