Part II
Chapter II

Structure and Local Plans: Non-Metropolitan Areas

Local plans

Objections: local inquiry or other hearing.
42
1
Where any objections have been made, in accordance with the regulations, to proposals for a local plan or for its alteration or replacement copies of which have been made available for inspection under section 40(2), the local planning authority shall cause a local inquiry or other hearing to be held for the purpose of considering the objections.
2
The local planning authority may cause a local inquiry or other hearing to be held for the purpose of considering any other objections to the proposals.
2A
No local inquiry or other hearing need be held under this section if all persons who have made objections have indicated in writing that they do not wish to appear.
3
A local inquiry or other hearing shall be held by a person appointed by the Secretary of State or, in such cases as may be prescribed, by the authority themselves.
4
Regulations may—
a
make provision with respect to the appointment, and qualifications for appointment, of persons to hold a local inquiry or other hearing;
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 Local Government Act 1972 (power to summon and examine witnesses) apply to an inquiry held under this section.
6
The Tribunals and Inquiries Act 1992shall apply to a local inquiry or other hearing held under this section as it applies to a statutory inquiry held by the Secretary of State, but as if in section 10(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.
Pt. II Chapter II (ss. 29-54): certain functions transferred to the Council of the Isles (Isles of Scilly) (27.7.1992) by S.I. 1992/1620, art. 3 (with arts. 4(b), 5(2), Sch. Pt. II)
Pt. II Ch. II (ss. 29-54): applied (with modifications) (1.4.1996) by 1994 c. 19, s. 20(3), Sch. 5 Pt. III para. 13(3) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/3198, art. 4, Sch. 2
Pt. II Ch. II (ss. 29-54): power to apply conferred (19.9.1995) by 1995 c. 25, ss. 67(2)(b)(4), 125(2) (with ss. 7(6), 115, 117, Sch. 8 para. 6)
Ss. 32-40 substituted (25.11.1991 for certain purposes and otherwise 10.2.1992) for ss. 32-41 by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 27, Sch. 4 Pt. I para.17 (with s. 84(5)); S.I. 1991/2728, art.2; S.I. 1991/2905, art.4
S. 42(1)-(2A) substituted (25.11.1991 for certain purposes and otherwise 10.2.1992) for s. 42(1)(2) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 27, Sch. 4 para. 18; S.I. 1991/2728, art. 2; S.I. 1991/2905, art. 4
1972 c. 70.
1992 c. 53.
Word in s. 42(6) substituted (1.10.1992) by Tribunal and Inquiries Act 1992 (c. 53), ss. 18(1), 19(2), Sch. 3 para. 24(a)
Words in s. 42(6) substituted (1.10.1992) by Tribunal and Inquiries Act 1992 (c. 53), ss. 18(1), 19(2), Sch. 3 para. 24(b)
Pt. 2 (ss. 10-54A) repealed (6.8.2004 for certain purposes, 28.9.2004 for. E and 15.10.2005 for W.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 120, 121, Sch. 9 (with s. 111); S.I. 2004/2097, art. 2, S.I. 2004/2202, {art. 2(k)}, Sch. 1 Pt. 1 (subject to transitional provisions and savings in art. 4, Sch. 2); S.I. 2005/2847, art. 2(g), Sch. 1 (subject to transitional provisions and savings in art. 3, Sch. 2); and ss. 12(3A), 31(3), 36(3) modified (1.4.2010) by S.I. 2010/490, reg. 39(2)