The Town and Country Planning (Inquiries Procedure) (England) Rules 2000

Explanatory Note

(This note is not part of the Rules)

These Rules regulate the procedure to be followed in connection with local inquiries in England held by the Secretary of State before he determines applications referred to him, or appeals made to him, in relation to planning permission, listed building consent and consent for the demolition of unlisted buildings in conservation areas (known as “conservation area consent”). Provision is also made for the participation of the Mayor of London.

They replace, with amendments, the Town and Country Planning (Inquiries Procedure) Rules 1992, which are revoked, subject to the exceptions and transitional provisions contained in rule 24.

The principal changes made by these Rules are follows:—

• Rule 4(4) requires local planning authorities to return their completed questionnaires to the Secretary of State within 2 weeks of the starting date.

• Rule 5 requires that pre-inquiry meetings are to be held for all inquiries that the Secretary of State expects to last more than 8 days, unless he considers it unnecessary.

• Rule 6 requires the applicant and the local planning authority to ensure that 2 copies of their statements of case have been received by the Secretary of State within 6 weeks of the starting date. It provides for the documents to be copied by the Secretary of State to the parties and to be sent to the inspector.

• Rule 8 provides that the inspector will arrange a timetable, in respect of inquiries where a pre-inquiry meeting is held or which Secretary of State expects to last 8 days or more, and may vary the timetable.

• Rule 13(4) provides for the proofs of evidence to be sent by the Secretary of State to the inspector.

• Rule 14 requires the applicant and the local planning authority to prepare a statement of common ground and send it to the Secretary of State and any statutory party 4 weeks before the inquiry.

• Rule 15(2) provides that at the start of the inquiry the inspector will state what he considers to be the main issues to be considered at the inquiry.

• Rule 15(4) requires that the local planning authority are to present their case first.

• Rule 15(14) requires that in respect of any inquiry that the Secretary of State expects to last 8 days or more, any party who appears shall provide a copy of their final submissions in writing.

• Rule 17(4) enables the Secretary of State to disregard any representations or evidence received after the close of the inquiry.

• Rule 21 enables the Secretary of State to request additional copies of documents.

• Rule 23 provides for modification of the Rules in respect of—

  (a)

  applications and appeals where the Mayor of London has directed the local planning authority, in relation to the application occasioning the inquiry, to refuse the application; and

  (b)

  applications and appeals, not falling within paragraph (a), where the local planning authority was required to notify the Mayor of London of the application occasioning the inquiry.

There are also minor and drafting amendments.

A Regulatory Impact Appraisal has been prepared in relation to the Rules. It has been placed in the Library of each House of Parliament and copies may be obtained from PD3B Division, Department of the Environment, Transport and the Regions, Eland House, Bressenden Place, London SW1E 5DU, (Telephone [phone]).