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The Town and Country Planning (Enforcement) (Inquiries Procedure) Rules 1992

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Procedure after inquiry—non-transferred appeals

17.—(1) This rule applies where an inquiry has been held for the purposes of non-transferred appeal.

(2) After the close of the inquiry, the inspector shall make a report in writing to the Secretary of State, which shall include his findings of facts, his conclusions and his recommendations or his reasons for not making any recommmendations.

(3) Where an assessor has been appointed, he may, after the close of the inquiry, make a report in writing to the inspector in respect of the matters on which he was appointed to advise.

(4) Where an assessor makes a report in accordance with paragraph (3), the inspector shall append it to his own report and shall state in his own report how far he agrees or disagrees with the assessor’s report and, where he disagrees with the assessor, his reasons for that disagreement.

(5) If, after the close of the inquiry, the Secretary of State—

(a)differs from the inspector on any matter of fact mentioned in, or appearing to him to be material to, a conclusion reached by the inspector, or

(b)takes into consideration any new evidence or new matter of fact (not being a matter of government policy),

and is for that reason disposed to disagree with a recommendation made by the inspector, he shall not come to a decision which is at variance with that recommendation without first notifying the persons entitled to appear at the inquiry who appeared at it of his disagreement and the reasons for it, and affording to them an opportunity of making written representations to him within 3 weeks of the date of the notification, or (if the Secretary of State has taken into consideration any new evidence or new matter of fact, not being a matter of government policy) of asking within that period for the re-opening of the inquiry.

(6) The Secretary of State may, as he thinks fit, cause an inquiry to be re-opened, and he shall do so if asked by the local planning authority or the appellant in the circumstances and within the period mentioned in paragraph (5); and where an inquiry is re-opened (whether by the same or a different inspector)—

(a)the Secretary of State shall send to the persons entitled to appear at the inquiry who appeared at it a written statement of the matters with respect to which further evidence is invited; and

(b)paragraphs (3) to (8) of rule 11 shall apply as if the references to an inquiry were references to a re-opened inquiry.

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