The Town and Country Planning (Enforcement) (Hearings Procedure) (England) Rules 2002

Date and notification of hearing

6.—(1) The date fixed by the Secretary of State for the holding of a hearing shall be—

(a) not later than 12 weeks after the starting date, unless he considers such a date impracticable; or

(b) the earliest date after that period which he considers to be practicable.

(2) Unless the Secretary of State agrees a lesser period of notice with the appellant and the local planning authority, he shall give not less than 4 weeks written notice of the date, time and place fixed by him for the holding of a hearing to every person entitled to appear at the hearing.

(3) The Secretary of State may vary the date fixed for the holding of a hearing, whether or not the date as varied is within the period of 12 weeks mentioned in paragraph (1); and paragraph (2) shall apply to a variation of a date as it applied to the date originally fixed.

(4) The Secretary of State may vary the time or place for the holding of a hearing and shall give notice of any such variation as appears to him to be reasonable.

(5) The Secretary of State may in writing require the local planning authority to take one or both of the following steps—

(a) not less than 2 weeks before the date fixed for the holding of a hearing, to publish a notice of the hearing in one or more newspapers circulating in the locality in which the land is situated;

(b) to send a notice of the hearing to such persons or classes of persons as he may specify, within such period as he may specify.

(6) Every notice of hearing published or sent pursuant to paragraph (5) shall contain—

(a) a clear statement of the date, time and place of the hearing and of the powers enabling the Secretary of State or inspector to determine the appeal in question;

(b) a written description of the land sufficient to identify approximately its location;

(c) a brief description of the subject matter of the appeal; and

(d) details of where and when copies of the local planning authority’s completed questionnaire and documents sent by and copied to the authority pursuant to rule 5 may be inspected.