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

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Interpretation

2.  In these Rules, unless the context otherwise requires—

“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;

“certificate of lawful use or development” means a certificate under section 191 or 192 of the Planning Act;

“development order” has the meaning given in section 59 of the Planning Act;

“document” includes a photograph, map or plan;

“enforcement appeal” means an appeal against an enforcement notice;

“enforcement notice” means a notice under section 172 of the Planning Act or under section 38 of the Listed Buildings Act;

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

“inspector” means—

(a)

in relation to a transferred appeal, the person appointed by the Secretary of State to determine the appeal;

(b)

in relation to a non-transferred appeal, the person appointed by the Secretary of State to hold the relevant inquiry or re-opened inquiry;

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

“Listed Buildings Act” means the Planning (Listed Buildings and Conservation Areas) Act 1990(1);

“local planning authority” means—

(a)

in relation to an enforcement appeal, the authority who issued the relevant enforcement notice;

(b)

in relation to an appeal against the refusal or non-determination of an application for a certificate of lawful use or development, the authority to whom the application was made;

“non-transferred appeal” means an appeal which falls to be determined by the Secretary of State, including an appeal which falls to be so determined by virtue of a direction under paragraph 3(1) of Schedule 6 to the Planning Act or paragraph 3(1) of Schedule 3 to the Listed Buildings Act;

“Planning Act” means the Town and Country Planning Act 1990(2);

“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;

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

“statement of case” means, and is comprised of, 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;

“transferred appeal” means an appeal which falls to be determined by a person appointed by the Secretary of State under Schedule 6 to the Planning Act or Schedule 3 to the Listed Buildings Act.

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