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SCHEDULES

SCHEDULE 9Joint Planning Inquiry Commissions

Proceedings of commission on reference

8A commission inquiring into a referred matter shall—

(a)identify and investigate the considerations relevant to, or the technical or scientific respects of, that matter which in their opinion are relevant to the question whether the proposed development should be permitted to be carried out, and assess the importance to be attached to those considerations or aspects ;

(b)thereafter, comply with paragraph 9 below in respect of affording to persons an opportunity of appearing before, and being heard by, one or more members of the commission ;

(c)report to the responsible Ministers on the said matter.

9A commission shall afford the following persons an opportunity of appearing and being heard as aforesaid:—

(a)in any case, the local planning authority, if the authority so desire;

(b)in the case of a matter mentioned in section 45(1)(a), (b) or (c) of this Act or section 48(1)(a), (b) or (c) of the Act of 1971, the applicant, if he so desires ; and

(c)in the case of an application or appeal mentioned in the said section 45(1)(a) or (b) or the said section 48(1 )(a) or (b), any person who has made representations relating to the subject matter of the application or appeal which the local planning authority are required to take into account under section 26(2) or (3) of this Act or section 29(2) or (3) of the Act of 1971.

10The provisions of sections 32(5) and 33(4) of this Act and sections 35(5) and 36(4) of the Act of 1971 and the provisions of Schedule 7 to this Act and Schedule 9 to the Act of 1971, relating to the affording of an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State, shall not apply to an application for planning permission, or an appeal, referred to a commission.