SCHEDULES

SCHEDULE 7 Simplified Planning Zones

F5 Procedure for dealing with objections

Annotations:
Amendments (Textual)
F5

Sch. 7 para. 8(1)(2) and cross heading substituted (25.11.1991 for certain purposes and otherwise 9.11.1992) for para. 8(1)-(3) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 28, Sch. 5 Pt. I para. 2(1) (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1992/2413, art. 2 (with art. 3)

F18

1

Where objections to the proposed scheme or alterations are made, the local planning authority may—

a

for the purpose of considering the objections, cause a local inquiry or other hearing to be held by a person appointed by the Secretary of State or, in such cases as may be prescribed, appointed by the authority, or

b

require the objections to be considered by a person appointed by the Secretary of State.

2

A local planning authority shall exercise the power under sub-paragraph (1), or paragraph (a) or (b) of that sub-paragraph, if directed to do so by the Secretary of State.

4

Regulations may—

a

make provision with respect to the appointment, and qualifications for appointment, of persons F2for the purposes of this paragraph;

b

include provision enabling the Secretary of State to direct a local planning authority to appoint a particular person, or one of a specified list or class of persons;

c

make provision with respect to the remuneration and allowances of the person appointed.

5

Subsections (2) and (3) of section 250 of the M1Local Government Act 1972 (power to summon and examine witnesses) apply to an inquiry held under this paragraph.

6

The M2Tribunals and Inquiries Act F31992 applies to a local inquiry or other hearing held under this paragraph as it applies to a statutory inquiry held by the Secretary of State, with the substitution in F4section 10(1) (statement of reasons for decision) for the references to a decision taken by the Secretary of State of references to a decision taken by a local authority.