Search Legislation

The Town and Country Planning (Inquiries Procedure) Rules 1974

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format. The electronic version of this UK Statutory Instrument has been contributed by Westlaw and is taken from the printed publication. Read more

Interpretation

3.—(1) In these Rules, unless the context otherwise requires—

the Act” means the Town and Country Planning Act 1971;

the Act of 1972” means the Local Government Act 1972;

applicant” in the case of an appeal means the appellant;

appointed person” means the person appointed by the Secretary of State to hold the inquiry;

conservation area” means an area designated under section 277 of the Act;

county planning authority” and “district planning authorityhave the meanings assigned to them by section 1 of the Act;

inquiry” means a local inquiry to which these Rules apply;

the land” means the land (including trees and buildings) to which the inquiry relates;

listed buildingshas the meaning assigned to it by section 54 of the Act;

listed building consent” means consent required by section 55 (2) of the Act in respect of works for the demolition, extension or alteration of a listed building and the consent required by that subsection as applied by section 8 of the Town and Country Planning (Amendment) Act 1972 for works for the demolition of a building in a conservation area;

local authorityhas the meaning assigned to it by section 290(1) of the Act;

local planning authority” means

(a)

the county planning authority or district planning authority, as the case may be, who were responsible for dealing with the relevant application (or in the case of an application referred to the Secretary of State would have been so responsible had it not been so referred), or

(b)

any local authority or committee (including a National Park Committee) exercising the functions of the said planning authority in relation to the application by virtue of any arrangement made under section 101 of the Act of 1972;

National Park Committeehas the meaning assigned to it by paragraph 5 of Schedule 17 to the Act of 1972;

referred application” means an application referred to the Secretary of State under section 35 of the Act, or that section as applied by a tree preservation order, or under regulation 28 of the Town and Country Planning (Control of Advertisements) Regulations 1969 or under paragraph 4 of Schedule 11 to the Act;

section 29 parties” means

(i)

in relation to referred applications, persons from whom representations are received within the time prescribed—

(a)

in pursuance of section 29(2) or (3) of the Act, as applied by section 35(4), or

(b)

in the case of applications referred under paragraph 4 of Schedule 11 to the Act, in pursuance of regulations made under paragraph 2 of the said Schedule; and

(ii)

in relation to appeals, persons from whom representations are received within the time prescribed—

(a)

by the local planning authority in pursuance of section 29(3) of the Act, or by the Secretary of State in pursuance of section 29(3) as applied by section 36(5), or

(b)

in the case of appeals brought under paragraph 8 of Schedule 11 to the Act, in pursuance of regulations made under paragraph 2 of the said Schedule.

(2) Without prejudice to the foregoing provisions of this rule, the Secretary of State may require the local planning authority to take one or more of the following steps—

(a)to publish in one or more newspapers circulating in the locality in which land is situated such notices of the inquiry as he may direct;

(b)to serve notice of the inquiry in such form and on such persons or classes of persons as he may specify;

(c)to post such notices of the inquiry as he may direct in a conspicuous place or places near to the land;

but the requirements as to the period of notice contained in paragraph (1) of this rule shall not apply to any such notices.

(3) Where the land is under the control of the applicant, he shall, if so required by the Secretary of State, affix firmly to some object on the land, in such a manner as to be readily visible to and legible by the public, such notice of the inquiry as the Secretary of State may specify, and thereafter for such period before the inquiry as the Secretary of State may specify, the applicant shall not remove the notice, or cause or permit it to be removed.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources