The Town and Country Planning (Enforcement) (Inquiries Procedure) (Wales) Rules 2003

Procedure after inquiry

20.—(1) After the close of an inquiry, the inspector must make a report in writing to the National Assembly which must include the inspector’s conclusions and recommendations or the inspector’s reasons for not making any recommendations.

(2) Where an assessor has been appointed, the assessor may, after the close of the inquiry, make a report in writing to the inspector in respect of the matters on which the assessor was appointed to advise.

(3) Where an assessor makes a report in accordance with paragraph (2), the inspector must append it to the inspector’s report and must state in the inspector’s report how far the inspector agrees or disagrees with the assessor’s report and, where the inspector disagrees with the assessor, the inspector’s reasons for that disagreement.

(4) When making its decision, the National Assembly may disregard any written representations, evidence or any other document received after the close of the inquiry.

(5) If, after the close of an inquiry, the National Assembly—

(a) differs from the inspector on any matter of fact mentioned in, or appearing to it to be material to, a conclusion reached by the inspector; or

(b) takes into consideration any new evidence or new matter of fact (not being a matter of National Assembly policy),

and is for that reason disposed to disagree with a recommendation made by the inspector, it must not come to a decision which is at variance with that recommendation without first notifying the persons entitled to, and who did, take part in the inquiry of its disagreement and the reasons for it.

(6) Any person notified under paragraph (5) must be given the opportunity to make written representations to the National Assembly or (if it has taken into consideration any new evidence or new matter of fact, not being a matter of National Assembly policy) to ask for the re-opening of the inquiry.

(7) Those persons making written representations or requesting the inquiry to be re-opened under paragraph (6) must send such representations or requests to the National Assembly so as to be received within 3 weeks of the date of the National Assembly’s notification under that paragraph.

(8) The National Assembly may, as it thinks fit, cause an inquiry to be re-opened, and it must do so if asked by the appellant or the local planning authority in the circumstances mentioned in paragraph (6) and within the period mentioned in paragraph (7).

(9) Where an inquiry is re-opened under this rule (whether by the same or a different inspector)—

(a) the National Assembly must send to the persons entitled to, and who did, take part in the inquiry a written statement of the matters on which further evidence is invited; and

(b) paragraphs (3) to (8) of rule 11 apply as if references to an inquiry were references to a re-opened inquiry.