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

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Service of statements of case etc

8.—(1) The local planning authority shall—

(a)where the date fixed for the holding of the inquiry is less than 18 weeks after the relevant date, at least 6 weeks before the date fixed for the holding of the inquiry; or

(b)in any other case, not later than 12 weeks after the relevant date,

serve a statement of case on the Secretary of State, the appellant and, in the case of an enforcement appeal, any person on whom a copy of the enforcement notice has been served.

(2) The appellant shall—

(a)where the date fixed for the holding of the inquiry is less than 18 weeks after the relevant date, at least 3 weeks before the date fixed for the holding of the inquiry; or

(b)in any other case, not later than 15 weeks after the relevant date,

serve a statement of case on the Secretary of State, the local planning authority and, in the case of an enforcement appeal, any person on whom a copy of the enforcement notice has been served.

(3) The local planning authority and the appellant may each require the other to send to them a copy of any document, or of the relevant part of any document, referred to in the list of documents comprised in that party’s statement of case; and any such document, or relevant part, shall be sent as soon as practicable to the party who required it.

(4) The Secretary of State may in writing require any other person who has notified him of an intention or a wish to appear at an inquiry to serve a statement of case, within such period as he may specify, on him, the local planning authority, the appellant and, in the case of an enforcement appeal, on any person on whom a copy of the enforcement notice has been served.

(5) The Secretary of State shall supply any person from whom he requires a statement of case in accordance with paragraph (4) with a copy of the local planning authority’s and the appellant’s statement of case and shall inform that person of the name and address of every person on whom his statement of case is required to be served.

(6) The Secretary of State or an inspector may require any person who has served a statement of case in accordance with this rule to provide such further information about the matters contained in the statement as he may specify; and a person so required shall provide the Secretary of State or, as the case may be, the inspector, with that information in writing and shall, at the same time, send a copy of that information to any other person on whom the statement of case has been served.

(7) Any person other than the appellant who serves a statement of case on the local planning authority shall serve with it a copy of any document, or of the relevant part of any document, referred to in the list comprised in that statement unless a copy of the document or part of the document in question, is already available for inspection pursuant to paragraph (8).

(8) The local planning authority shall afford to any person who so requests a reasonable opportunity to inspect and, where practicable, take copies of—

(a)any statement of case or other document which, or a copy of which, has been served on them in accordance with this rule; and

(b)the authority’s statement of case, together with a copy of any document, or of the relevant part of any document, referred to in the list comprised in that statement or otherwise served by them pursuant to this rule,

and the authority shall specify in the statement served in accordance with paragraph (1) the time and place at which the opportunity will be afforded.

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