The Local Planning Appeal Tribunal (LPAT) brought a stated case to the Divisional Court asking whether parties to a first-level appeal under s. 38(1) of the Local Planning Appeal Act, 2017 have the right to cross-examine witnesses.
The majority of the Divisional Court held that the term 'examine' in s. 42(3)(b) of the Act and s. 3 of O. Reg. 102/18 includes cross-examination.
Therefore, parties are precluded from cross-examining witnesses at an oral hearing or cross-examining affiants prior to a hearing.
The Court found that the legislature intended to create an expeditious, investigative process where the Tribunal controls the evidence, expressly overriding the common law right to cross-examination.
