PART IIPROCEDURE BEFORE MAKING AN ORDER

Notice of a public inquiry10

1

If the order making authority decides, before publishing a notice of proposals, that a public inquiry should be held in connection with an order, it shall include in that notice a statement that an inquiry will be so held together with the particulars specified in paragraphs 5, 6 and 7 of Schedule 3.

2

Where the holding of a public inquiry is announced in accordance with paragraph (1) the inquiry shall not begin less than 42 days after the first publication of the notice of proposals.

3

In any other case where a public inquiry is held in connection with an order, the order making authority shall—

a

publish at least once in a local newspaper circulating in the area in which any road or other place to which the order relates is situated a notice containing the particulars specified in Schedule 3;

b

give notice in writing containing the particulars specified in Schedule 3 to each person who has objected in accordance with regulation 8 and not withdrawn the objection; and

c

take such other steps as it may consider appropriate for ensuring that adequate publicity about the inquiry is given to persons likely to be affected by the provisions of the order to which it relates and, without prejudice to the generality of this sub-paragraph, such other steps may include—

i

an advertisement in the London Gazette;

ii

the display of notices in roads or other places affected by the order; or

iii

the delivery of notices or letters to premises, or premises occupied by persons, appearing to the authority to be likely to be affected by any provision in the order.

4

An inquiry to which paragraph (3) applies shall not begin less than 21 days after whichever is the later of—

a

the last day for objecting in accordance with regulation 8; or

b

the date on which paragraph (3) was complied with.