http://www.legislation.gov.uk/uksi/1997/796/article/21/madeThe Town and Country Planning (Inquiries Procedure) (Scotland) Rules 1997Listed buildingsPlanning applicationsConservation areasPlanning (town and country)Tree preservationKing's Printer of Acts of Parliament2016-04-11TRIBUNALS AND INQUIRIES
These Rules amend and replace the Town and Country Planning (Inquiries Procedure) (Scotland) Rules 1980, which are revoked, subject to the transitional provisions contained in rule 25(2).
The Town and Country Planning (Inquiries Procedure) (Scotland) Rules 1997 rule 10A The Town and Country Planning (Inquiries Procedure) (Scotland) Amendment Rules 1998 rules 7 13 The Town and Country Planning (Inquiries Procedure) (Scotland) Rules 1997 rule 15(3)(ba) The Town and Country Planning (Inquiries Procedure) (Scotland) Amendment Rules 1998 rules 10 13 The Town and Country Planning (Inquiries Procedure) (Scotland) Rules 1997 rule 16(1)(ea) The Town and Country Planning (Inquiries Procedure) (Scotland) Amendment Rules 1998 rules 11 13 The Town and Country Planning (Inquiries Procedure) (Scotland) Rules 1997rule 3AThe Town and Country Planning (Electronic Communications) (Scotland) Order 2004Sch. 10 para. 2art 1(1)The Town and Country Planning (Inquiries Procedure) (Scotland) Rules 1997rule 12(7A)The Town and Country Planning (Electronic Communications) (Scotland) Order 2004Sch. 10 para. 3art 1(1)The Town and Country Planning (Inquiries Procedure) (Scotland) Rules 1997rule 13(2A)The Town and Country Planning (Electronic Communications) (Scotland) Order 2004Sch. 10 para. 4(b)art 1(1)The Town and Country Planning (Inquiries Procedure) (Scotland) Rules 1997rule 15(3A)The Town and Country Planning (Electronic Communications) (Scotland) Order 2004Sch. 10 para. 5(a)art 1(1)The Town and Country Planning (Inquiries Procedure) (Scotland) Rules 1997rule 22(1A)The Town and Country Planning (Electronic Communications) (Scotland) Order 2004Sch. 10 para. 6(a)art 1(1)The Town and Country Planning (Inquiries Procedure) (Scotland) Rules 1997rule 22(3A)The Town and Country Planning (Electronic Communications) (Scotland) Order 2004Sch. 10 para. 6(b)art 1(1)The Town and Country Planning (Inquiries Procedure) (Scotland) Rules 1997rule 24AThe Town and Country Planning (Electronic Communications) (Scotland) Order 2004Sch. 10 para. 8art 1(1)The Town and Country Planning (Inquiries Procedure) (Scotland) Rules 1997rule 2(2)(a)The Town and Country Planning (Hazardous Substances Inquiry Session Procedure) (Scotland) Rules 2015rule 11(2)(a)rule 1The Town and Country Planning (Inquiries Procedure) (Scotland) Rules 1997rule 2(2)(ca)The Town and Country Planning (Hazardous Substances Inquiry Session Procedure) (Scotland) Rules 2015rule 11(2)(c)rule 1rule 2(2)(a)rule 2(2)(a)The Town and Country Planning (Inquiries Procedure) (Scotland) Rules 1997The Town and Country Planning (Inquiries Procedure) (Scotland) Amendment Rules 2011rule 2(2)(ba)rule 2(2)(a)The Town and Country Planning (Inquiries Procedure) (Scotland) Rules 1997The Town and Country Planning (Inquiries Procedure) (Scotland) Amendment Rules 2011The Town and Country Planning (Inquiries Procedure) (Scotland) Rules 1997The Town and Country Planning (Application of Subordinate Legislation to the Crown) (Inquiries Procedure) (Scotland) Order 2006art 2
Procedure after inquiry
21
1
After the close of the inquiry, the reporter shall make a report in writing to the Secretary of State which shall include his findings of fact, his conclusions and his recommendations or his reasons for not making any recommendations.
2
Where an assessor has been appointed, he may (and if so required by the reporter, shall), after the close of the inquiry, make a report in writing to the reporter in respect of the matters on which he was appointed to advise.
3
Where an assessor makes a report in accordance with paragraph (2), the reporter shall append it to his own report and shall state in his own report how far he agrees or disagrees with the assessor’s report and, where he disagrees with the assessor, his reasons for that disagreement.
4
Where the Secretary of State–
a
differs from the reporter on a finding of fact; or
b
after the close of the inquiry proposes to take into consideration any new evidence (including expert opinion on a matter of fact) or any new issue of fact (not being a matter of government policy) which was not raised at the inquiry,
and by reason thereof is disposed to disagree with a recommendation made by the reporter, he shall not come to a decision which is at variance with any such recommendation without first notifying the applicant, the planning authority and all statutory parties who appeared at the inquiry of his disagreement and the reasons for it and affording them an opportunity of–
i
making representations thereon in writing within 3 weeks; or
ii
if the Secretary of State has received new evidence or taken into consideration any new issue of fact not being a matter of government policy, asking within 3 weeks for the reopening of the inquiry.
5
The Secretary of State may in any case if he thinks fit cause the inquiry to be reopened, and shall cause it to be reopened if asked to do so in accordance with paragraph (4) of this rule, and if the inquiry is reopened, paragraph (3) to (6) of rule 15 shall apply to the reopened inquiry with the substitution in paragraph (3) of the words “3 weeks” for the words “4 weeks”.