Textual Amendments
F1Sch. 7 para. 8(1)(2) and cross heading substituted (25.11.1991 for certain purposes and otherwise 9.11.1992) for para. 8(1)-(3) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 28, Sch. 5 Pt. I para. 2(1) (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1992/2413, art. 2 (with art. 3)
F2 8 (1)Where objections to the proposed scheme or alterations are made, the local planning authority may—E+W
(a)for the purpose of considering the objections, 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, appointed by the authority, or
(b)require the objections to be considered by a person appointed by the Secretary of State.
(2)A local planning authority shall exercise the power under sub-paragraph (1), or paragraph (a) or (b) of that sub-paragraph, if directed to do so by the Secretary of State.]
(4)Regulations may—
(a)make provision with respect to the appointment, and qualifications for appointment, of persons [F3for the purposes of this paragraph];
(b)include 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;
(c)make provision with respect to the remuneration and allowances of the person appointed.
(5)Subsections (2) and (3) of section 250 of the M1Local Government Act 1972 (power to summon and examine witnesses) apply to an inquiry held under this paragraph.
(6)The M2Tribunals and Inquiries Act [F41992] applies to a local inquiry or other hearing held [F5in England] under this paragraph as it applies to a statutory inquiry held by the Secretary of State, with the substitution in [F6section 10(1)] (statement of reasons for decision) for the references to a decision taken by the Secretary of State of references to a decision taken by a local authority.
[F7(6A)The power to make regulations under section 323A applies in relation to a local inquiry or other hearing held in Wales under this paragraph as it applies in relation to an inquiry or hearing held by the Welsh Ministers under this Act and as if references in section 323A(3) and (4) to the Welsh Ministers included references to a local planning authority.]
F8(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F2Sch. 7 para. 8(1)(2) and cross heading substituted (25.11.1991 for certain purposes and otherwise 9.11.1992) for para. 8(1)-(3) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 28, Sch. 5 Pt. I para. 2(1) (with s. 84(5)); S.I. 1991/2728, art.2; S.I. 1992/2413, art. 2 (with art. 3)
F3Words in Sch. 7 para. 8(4) substituted (25.11.1991 for certain purposes and otherwise 9.11.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1 ), s. 28, Sch. 5 Pt. II para. 6 (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1992/2413, art. 2 (with art. 3)
F4Word in Sch. 7 para. 8(6) substituted (1.10.1992) by Tribunals and Inquiries Act 1992 (c. 53), ss. 18(1), 19(2), Sch. 3 para. 29(a)
F5Words in Sch. 7 para. 8(6) inserted (6.9.2015 for specified purposes, 5.5.2017 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 5 para. 17(a); S.I. 2017/546, art. 3(e)
F6Words in Sch. 7 para. 8(6) substituted (1.10.1992) by Tribunals and Inquiries Act 1992 (c. 53), ss. 18(1), 19(2), Sch. 3 para. 29(b)
F7Sch. 7 para. 8(6A) inserted (6.9.2015 for specified purposes, 5.5.2017 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 5 para. 17(b); S.I. 2017/546, art. 3(e)
F8Sch. 7 para. 8(7) omitted (19.9.2013) by virtue of The Public Bodies (Abolition of Administrative Justice and Tribunals Council) Order 2013 (S.I. 2013/2042), art. 1(2), Sch. para. 5(b)
Marginal Citations