SCHEDULES

SCHEDULE 2Development Plans: Transitional Provisions

Part IIGreater London

Surveys and local plans

9(1)For the purpose of considering objections made to a local plan the local planning authority may and, in the case of objections so made in accordance with regulations, shall cause a local inquiry or other hearing to be held by a person appointed by the Secretary of State or, in such cases as may be prescribed, by the authority themselves, and—

(a)subsections (2) and (3) of section 250 of the [1972 c. 70.] Local Government Act 1972 (power to summon and examine witnesses) shall apply to an inquiry held under this paragraph as they apply to an inquiry held under that section;

(b)the [1971 c. 62.] Tribunals and Inquiries Act 1971 shall apply to a local inquiry or other hearing held under this paragraph as it applies to a statutory inquiry held by the Secretary of State, but as if in section 12(1) of that Act (statement of reasons for decisions) the reference to any decision taken by the Secretary of State were a reference to a decision taken by a local authority.

(2)Regulations made for the purposes of sub-paragraph (1) may—

(a)make provision with respect to the appointment and qualifications for appointment of persons to hold a local inquiry or other hearing under that sub-paragraph, including provision enabling the Secretary of State to direct a local planning authority to appoint a particular person, or one of a specified list or class of persons;

(b)make provision with respect to the remuneration and allowances of a person appointed for that purpose.

(3)The requirement for a local inquiry or other hearing to be held shall not apply if all persons who have made an objection have indicated in writing that they do not wish to appear.