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

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Procedure after inquiry—transferred appeals

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

(2) Where an assesor 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, and where he does so the inspector shall state in his notification of his decision pursuant to rule 20 that such a report was made.

(3) If, after the close of the inquiry, an inspector proposes to take into consideration any new evidence or any new matter of fact (not being a matter of government policy) which was not raised in the inquiry and which he considers to be material to his decision, he shall not come to a decision without first—

(a)notifying the persons entitled to appear at the inquiry who appeared at it of the matter in question; and

(b)affording to them an opportunity of making written representations to him with respect to it within 3 weeks of the date of the notification or of asking within that period for the re-opening of the inquiry.

(4) An inspector 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 (3); and where an inquiry is re-opened—

(a)the inspector 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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