The Town and Country Planning (Inquiries Procedure) Rules 1988

Interpretation

2.  In these Rules, unless the context otherwise requires, references to sections and Schedules are references to sections of, and Schedules to, the Town and Country Planning Act 1971(1) and—

• “applicant”, in the case of an appeal, means the appellant;

• “assessor” means a person appointed by the Secretary of State to sit with an inspector at an inquiry or re-opened inquiry to advise the inspector on such matters arising as the Secretary of State may specify;

• “the Commission” means the Historic Buildings and Monuments Commission for England;

• “conservation area consent” means consent required by section 277A(2)(2);

• “development order” has the meaning assigned to it by section 24;

• “document” includes a photograph, map or plan;

• “inquiry” means a local inquiry in relation to which these Rules apply;

• “inspector” means a person appointed by the Secretary of State to hold an inquiry or a re-opened inquiry;

• “land” means the land, tree or building to which an inquiry relates;

• “listed building consent” has the meaning assigned to it by section 55(3A)(3);

• “local authority” has the meaning assigned to it by section 290(1);

• “local planning authority” means—

  (i)

  in relation to a referred application, the body who would otherwise have dealt with the application;

  (ii)

  in relation to an appeal, the body who were responsible for dealing with the application occasioning the appeal;

• “outline statement” means a written statement of the principal submissions which a person proposes to put forward at an inquiry;

• “pre-inquiry meeting” means a meeting held before an inquiry to consider what may be done with a view to securing that the inquiry is conducted efficiently and expeditiously, and where two or more such meetings are held references to the conclusion of a pre-inquiry meeting are references to the conclusion of the final meeting;

• “referred application” means an application of any description mentioned in rule 3(1) which is referred to the Secretary of State for determination;

• “relevant date” means the date of the Secretary of State’s written notice to the applicant and the local planning authority of his intention to cause an inquiry to be held, and “relevant notice” means that notice;

• “the 1974 Rules” means the Town and Country Planning (Inquiries Procedure) Rules 1974(4);

• “section 29(3) party” means—

  (a)

  a person whose representations the Secretary of State is required by the application of section 29(3)(5) or by regulations under Part I of Schedule 11(6) to take into account in determining the referred application or appeal to which an inquiry relates; and

  (b)

  in the case of an appeal, a person whose representations the local planning authority were required by section 29(3) or those regulations to take into account in determining the application occasioning the appeal;

• “statement of case” means a written statement which contains full particulars of the case which a person proposes to put forward at an inquiry and a list of any documents which that person intends to refer to or put in evidence;

• “tree preservation order” means an order under section 60(7).

(1)

1971 c. 78.

(2)

Section 277A was inserted by the Town and Country Amenities Act 1974 (c. 32), section 1(1).

(3)

Section 55(3A) was inserted by the Local Government, Planning and Land Act 1980 (c. 65), Schedule 15, paragraph 6(3).

(4)

S.I. 1974/419, amended by S.I. 1986/420.

(5)

See sections 35(4) and 36(5).

(6)

The relevant regulations are the Town and Country Planning (Listed Buildings and Buildings in Conservation Areas) Regulations 1987 (S.I. 1987/349), regulations 5 and 6.

(7)

Section 60 was amended by the Town and Country Amenities Act 1974, section 10(1) and (2), and by the Local Government, Planning and Land Act 1980, Schedule 15, paragraph 13.