The Town and Country Planning (Inquiries Procedure) (Wales) Rules 2003

Interpretation

2.  In these Rules—

• “applicant”, in the case of an appeal, means the appellant;

• “assessor” means a person appointed by the National Assembly to sit with an inspector at an inquiry or re-opened inquiry to advise the inspector on such matters arising as the National Assembly may specify;

• “conservation area consent” has the meaning given in section 74(1) of the Listed Buildings Act;

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

• “document” includes a photograph, map or plan;

• “electronic communication” has the meaning assigned to that term by section 15(1) of the Electronic Communications Act 2000(1);

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

• “inspector” means a person appointed by the National Assembly to hold an inquiry or a re-opened inquiry;

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

• “the Listed Buildings Act” means the Planning (Listed Buildings and Conservation Areas) Act 1990(2);

• “listed building consent” has the meaning given in section 8(7) of the Listed Buildings Act;

• “local planning authority” means in relation to—

  (a)

  a referred application, the body which would otherwise have dealt with the application;

  (b)

  an appeal, the body which was responsible for dealing with the application occasioning the appeal;

• “the National Assembly” means the National Assembly for Wales;

• “outline statement” means a written statement of the principal submissions which a person proposes to put forward at an inquiry;

• “the Planning Act” means the Town and Country Planning Act 1990(3);

• “pre-inquiry meeting” means a meeting held prior to 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;

• “questionnaire” means a document in the form supplied by the National Assembly to local planning authorities for the purpose of proceedings under these Rules;

• “referred application” means an application of any description mentioned in rule 3(1) which is referred to the National Assembly for determination;

• “relevant notice” means the National Assembly’s written notice informing the applicant and the local planning authority that an inquiry is to be held;

• “the 1992 Rules” means the Town and Country Planning (Inquiries Procedure) Rules 1992(4);

• “starting date” means the date of the—

  (a)

  National Assembly’s written notice to the applicant and the local planning authority that it has received all the documents required to enable it to entertain the application or appeal; or

  (b)

  relevant notice,

  whichever is the later;

• “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;

• “statement of common ground” means a written statement prepared jointly by the local planning authority and the applicant, which contains agreed factual information about the proposal which is the subject of the application or appeal;

• “statutory party” means—

  (a)

  a person mentioned in paragraph (1)(b)(i) of article 19 of the Town and Country Planning (General Development Procedure) Order 1995(5) whose representations the National Assembly is required by paragraph (3) of that article to take into account in determining the referred application or appeal to which an inquiry relates; and, in the case of an appeal, such a person whose representations the local planning authority were required by paragraph (1) of that article to take into account in determining the application occasioning the appeal; and

  (b)

  a person whose representations the National Assembly is required by paragraphs (3)(b) and (5) of regulation 6 of the Planning (Listed Buildings and Conservation Areas) Regulations 1990(6) to take into account in determining the referred application or appeal to which an inquiry relates; and, in the case of an appeal, a person whose representations the local planning authority was required by paragraph (3)(b) of that regulation to take into account in determining the application occasioning the appeal.

(1)

2000 c. 7.

(2)

1990 c. 9, Schedule 3 was amended by the Planning and Compensation Act 1991 (c. 34), section 25 and Schedule 3, Part II, paragraph 28 and by S.I. 1997/2971. Section 12 was amended by section 17 of the Transport and Works Act 1992 (c. 42). There are other amendments not relevant to these Rules.

(3)

1990 c. 8, section 78 was amended by the Planning and Compensation Act 1991 (c. 34), section 17(2), Schedule 6 was amended by the Planning and Compensation Act 1991 (c. 34), section 32 and 84(6) and Schedule 7 paragraphs 7 and 54 and Schedule 19, Part I, the Tribunal and Inquiries Act 1992 (c. 53), section 18 and Schedule 3, paragraph 28, the Environment Act 1995 (c. 25), Schedule 22, paragraph 44, S.I. 1992/1630, S.I. 1992/1491 and S.I. 1997/2971. There are also other amendments not relevant to these Rules.

(4)

S.I. 1992/2038, to which there are amendments not relevant to these Rules.

(5)

S.I. 1995/419, to which there are amendments not relevant to these Rules.

(6)

S.I. 1990/1519, regulation 6 is modified where listed building consent or conservation area consent is required for the purposes of certain proposals included in an application under section 6 of the Transport and Works Act 1992 (c. 42) by S.I. 1992/3138. There are also other amendments not relevant to these Rules.