EXPLANATORY NOTE
These Rules replace with modifications the Town and Country Planning (Inquiries Procedure) Rules 1969. They prescribe the procedure to be followed at local inquiries and hearings held in connection with applications referred or appeals to the Secretary of State—
(a) under sections 35 and 36 of the Town and Country Planning Act 1971, or
(b) under tree preservation orders, or
(c) in respect of listed building consents (including consent for the demolition of a building in a conservation area), or
(d) under the Town and Country Planning (Control of Advertisements) Regulations 1969–1974.
Apart from the substitution of references to the provisions of the Town and Country Planning Act 1971 and the Tribunals and Inquiries Act 1971 for references to the provisions of the enactments consolidated by those Acts, the principal changes are:—
(a) applications and appeals relating to consent for the demolition of a building in a conservation area are brought within the Rules;
(b) account has been taken of the re-organisation of local government under the Local Government Act 1972 and of the amendments made by that Act to the Town and Country Planning Act 1971 by amending the definition of “local planning authority” in rule 3(1), by giving a parish or community council which has made representations about an application, a right to appear at the relevant inquiry, under rule 7(1)(i), and by making provision in rules 4(2), 6(3) and 9 for the circumstances in which another local authority may give a direction to the local planning authority or may express views as to the way in which a planning application should be dealt with;
(c) Rule 8 deals with all appearances by representatives of the Secretary of State or of government departments at an inquiry since, as a result of the creation of the Department of the Environment, all Ministerial directions to local planning authorities restricting the grant of permission for development are given by the Secretary of State and the separate provisions of the former rules 8 and 9 are no longer required;
(d) Rule 13(3) includes provision for the documents appended to an appointed person's report to be made available for inspection by the persons entitled to receive a copy of that report, on a written request made to the Secretary of State within the prescribed period.