The Town and Country Planning Appeals (Determination by Inspectors) (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 and—

“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)(1);

“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 under Schedule 9 to determine an appeal;

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

“listed building consent” has the meaning assigned to it by section 55(3A)(2);

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

“local planning authority” means the body who were responsible for dealing with the application occasioning the appeal;

“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;

“relevant date” means the date of the written notice informing the appellant and the local planning authority that an inquiry is to be held, and“relevant notice” means that notice;

“the 1974 Rules” means the Town and Country Planning Appeals (Determination by Appointed Persons) (Inquiries Procedure) Rules 1974(3);

“section 29(3) party” means—

(a)

a person whose representations the inspector is required by the application of section 29(3)(4) or by regulations under Part I of Schedule 11(5) to take into account in determining an appeal; and

(b)

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.

(1)

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

(2)

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

(3)

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

(4)

See section 36(5) and Schedule 9, paragraph 2(1).

(5)

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.