ABSTRACT
This chapter explains how in practical terms a date for a necessary wayleave hearing is fixed and secured in the diary. It explores the rules applicable to the preparation for and the conduct of a wayleave hearing. The rules came into force on 17 April 1967 and obviously in their original form referred to legislation which existed before the Act. The chapter considers the fundamental issue which the necessary wayleave hearing has to address and examines how a licence-holder begins the process for obtaining a necessary wayleave on its own initiative. It explains what happens after a wayleave hearing in terms of notification of the outcome. The Department of Trade and Industry (DTI) recognises that on receipt of a valid necessary wayleave application, the Secretary of State is obliged to offer the owner and/or occupier the opportunity of being heard by an appointed person in accordance with the Act before deciding whether or not to grant a necessary wayleave.
