The Town and Country Planning (Inquiries Procedure) Rules 1974

Application to Greater London

16.  In their application to Greater London these Rules shall apply with the following modifications:—

(a) in rule 3 after the definition of “the Act” there shall be added:—

““the Act of 1963” means the London Government Act 1963”

; and for the definition of “local planning authority”, the following definition shall be substituted:—

““local planning authority” means—

(i)

in relation to the applications and appeals referred to in rule 2(1)(a), the authority which, by virtue of section 24 of the Act of 1963 or of regulations made under that section is the local planning authority in relation to the class of development concerned in the area of Greater London where the land is situated; or

(ii)

in relation to the applications and appeals referred to in rule 2(1)(b), (c) and (d), either the Common Council of the City of London or the council of the London borough in which the land is situated, as the case may be;”;

(b) at the end of rule 4, the following paragraph shall be added:—

“(3) Where either—

(a) in pursuance of regulations under section 24(6) of the Act of 1963, the application which is before the Secretary of State or which is the subject of the appeal was required to be referred to the Greater London Council, or

(b) in pursuance of paragraph 6 of Schedule 11 to the Act, notification of the application for listed building consent was required to be given to the Greater London Council,

and, in either case, that Council has either—

(i) issued a direction to the local planning authority in whose area the land is situated as to the manner in which the application is to be dealt with or determined, or

(ii) (whether before or after the reference to the Secretary of State or the appeal) otherwise expressed an opinion to such local planning authority on any such application,

the Greater London Council shall, at the request of the local planning authority, forthwith furnish to them a statement in writing of their reasons for that direction or opinion.”;

(c) at the end of rule 6, the following paragraph shall be added:—

“(7) In a case falling within rule 4(3), the local planning authority shall include in their statement particulars of the direction or opinion of the Greater London Council and of the reasons given for it.”;

(d) for rule 7(1)(b) there shall be substituted the following:—

“(b) the planning authority and—

(i) where the application was required to be referred under section 24(6) of the Act of 1963, or required to be notified under paragraph 6 of Schedule 11 to the Act, the Greater London Council, or

(ii) where the Greater London Council is the local planning authority, the Common Council of the City of London or the council of the London borough in which the land is situated, as the case may be;.”

(e) after rule 9 the following rule shall be inserted:—

“Representatives of the Greater London Council at inquiry

9A.— (1) In a case falling within rule 4(3), the applicant or the local planning authority may, not later than 14 days before the date of the inquiry, apply in writing to the Secretary of State for a representative of the Greater London Council to be made available at the inquiry.

(2) The Secretary of State shall transmit any application made to him under the last foregoing paragraph to the Greater London Council who shall make a representative of the Council available to attend the inquiry.

(3) A representative of the Greater London Council who, in pursuance of this rule, attends the inquiry shall be called as a witness by the local planning authority and shall give evidence and be subject to cross-examination to the same extent as any other witness.”.