The Town and Country Planning (Major Infrastructure Project Inquiries Procedure) (England) Rules 2002

Explanatory Note

(This note is not part of the Rules)

These Rules regulate the procedure to be followed in connection with local inquiries relating to major infrastructure projects in England held by the Secretary of State before he determines applications referred to him, or appeals made to him, in relation to planning permission, listed building consent and consent for the demolition of unlisted buildings in conservation areas (known as “conservation area consent”) required in respect of a major infrastructure project (defined in rule 2 and the Schedule).

The Rules reproduce, with amendments, the Town and Country Planning (Inquiries Procedure) (England) Rules 2000. The principal changes made by these Rules to apply to major infrastructure project inquiries are:

Rule 5 provides for persons wishing to participate in the inquiry to register their interest and the part they wish to play.

Rule 6 requires the Secretary of State to hold a pre-inquiry meeting, and enables the inspector to hold meetings other than pre-inquiry meetings.

Rule 8 provides for an inquiry timetable to be agreed by the Secretary of State, and that the agreed timetable is not to be varied without his consent.

Rule 10 enables the appointment of a technical adviser to assess expert evidence and report to the Inspector on areas of disagreement.

Rule 11 enables the appointment of a mediator to assist parties to reach agreement on matters relevant to the inquiry, or to define and narrow areas of disagreement.

Rule 17 enables the inspector to curtail cross-examination if he considers that permitting cross-examination or allowing it to continue (as the case may be) would have the effect that the timetable agreed under rule 8(1) could not be adhered to.

There are also minor and drafting changes.

A Regulatory Impact Appraisal has been prepared in relation to the Rules. It has been placed in the Library of each House of Parliament and copies may be obtained from the Planning Directorate, Department of Transport, Local Government and the Regions, Room 4/H2, Eland House, Bressenden Place, London SW1E 5DU (Telephone [phone]).