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The Town and Country Planning (Inquiries Procedure) Rules 1974

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Application of Rules

2.—(1) These Rules do not, except to the extent provided by paragraph (3) of this rule, apply to inquiries held under the provisions of Schedule 9 to the Town and Country Planning Act 1971, but save as aforesaid apply—

(a)to local inquiries caused by the Secretary of State to be held for the purpose of applications for planning permission referred to him under section 35 of the Town and Country Planning Act 1971 and appeals to him under section 36 of that Act and (to the extent provided in rule 15) to hearings before a person appointed by the Secretary of State for the purpose of any such application or appeal;

(b)to local inquiries caused by the Secretary of State to be held for the purpose of applications for consent referred to him under a tree preservation order and appeals to him under such an order and (to the extent provided in rule 15) to hearings before a person appointed by the Secretary of State for the purpose of any such application or appeal, subject to the following modifications—

(i)rule 4 shall not apply and the references in these Rules to section 29 parties shall be omitted;

(ii)references to development shall be construed as references to the cutting down, topping or lopping of trees;

(iii)references to permission shall be construed as references to consent;

(c)to local inquiries caused by the Secretary of State to be held for the purposes of applications referred to him and appeals to him under Part I of Schedule 11 to the Town and Country Planning Act 1971 (including applications and appeals under that part of that Schedule as applied by section 8 of and Schedule 2 to the Town and Country Planning (Amendment) Act 1972 and (to the extent provided in rule 15) to hearings before a person appointed by the Secretary of State for the purpose of any such application or appeal, subject to the following modifications—

(i)references to development shall be construed as references to works for the demolition, alteration or extension of a listed building or to works for the demolition of a building in a conservation area as the case may be;

(ii)references to permission shall be construed as references to listed building consent;

(d)to local inquiries caused by the Secretary of State to be held for the purpose of applications for consent referred to him under the Town and Country Planning (Control of Advertisements) Regulations 1969 to 1974 (1) and appeals to him under those Regulations and (to the extent provided in rule 15) to hearings before a person appointed by the Secretary of State for the purpose of any such application or appeal, subject to the following modifications—

(i)rule 4 shall not apply and the references in these Rules to section 29 parties shall be omitted;

(ii)references to development shall be construed as references to the display of advertisements;

(iii)references to permission shall be construed as references to consent.

(2) These Rules apply in relation to Greater London as defined in section 2(1) of the London Government Act 1963, subject to the modifications specified in rule 16.

(3) Where the Secretary of State in exercise of his powers under paragraph 3(1) of Schedule 9 to the Town and Country Planning Act 1971, directs that an appeal (which, by virtue of paragraph 1(1) of that Schedule and the regulations made thereunder, falls to be determined by a person appointed by the Secretary of State) shall, instead of being determined by that person, be determined by the Secretary of State, these Rules apply in relation to any step taken or thing done after the giving of the said direction, but do not affect any step taken or thing done before the giving of such direction.

(1)

S.I. 1969/1532, 1972/489, 1974/185 (1969 III, p. 4962; 1972 I, p. 1730; 1974 I, p. 661).

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