The Town and Country Planning (Hearings and Inquiries Procedures) (England) (Amendment) Rules 2009

Amendment of the Town and Country Planning (Inquiries Procedure) (England) Rules 2000

4.—(1) The Town and Country Planning (Inquiries Procedure) (England) Rules 2000(1) are amended as follows.

(2) In rule 2(1) (interpretation)—

(a) omit the definition of “relevant notice”; and

(b) for the definition of “starting date” substitute—

““starting date” means the date of the notice given by the Secretary of State under rule 3A;”.

(3) After rule 3 (application of Rules) insert—

“Notice from the Secretary of State

3A.— (1) In the case of an appeal under section 78 of the Planning Act as soon as practicable after a determination has been made under section 319A of the Planning Act that the appeal is to proceed at an inquiry, the Secretary of State shall send a notice to this effect to the appellant and the local planning authority.

(2) In the case of any other appeal or application to which these Rules apply, the Secretary of State shall as soon as practicable after receipt of all the documents required to enable the appeal or application to proceed, send a notice to the applicant and the local planning authority, informing them that an inquiry is to be held.”.

(4) In rule 4 (preliminary information to be supplied by local planning authority)—

(a) in paragraph (1) for “relevant notice” substitute “notice under rule 3A”; and

(b) in paragraph (4) after “has been notified” insert “in writing”.

(5) In rule 6 (receipt of statements of case etc)—

(a) in paragraph (6)—

(i) after “to send” insert “within 4 weeks of being so required”; and

(ii) in sub-paragraph (a) omit “within 4 weeks of being so required”;

(b) in paragraph (9)(a) omit “in writing”;

(c) in paragraph (10)(a) omit “in writing”;

(d) in paragraph (13)—

(i) in sub-paragraph (a) omit “written comments,”; and

(ii) in sub-paragraph (b) omit “any written comments,”;

(e) omit paragraphs (14) and (15); and

(f) in paragraph (16) omit “or written comments”.

(6) In rule 9 (notification of appointment of assessor) after “he shall notify” insert “in writing”.

(7) In rule 14(1)(b) (statement of common ground) for “not less than 4 weeks before the date fixed for the holding of the inquiry” substitute “within 6 weeks of the starting date”.

(8) In rule 15(5) (procedure at inquiry) for “(7)” substitute “(9)”.

(9) In rule 17(5) (procedure after inquiry) after “without first notifying” insert “in writing”.

(10) In rule 21(1)(b) (additional copies) omit “or comments”.

(11) In rule 23(2) (Mayor of London)—

(a) for sub-paragraph (a) substitute—

“(a) in rule 3A—

(i) in paragraph (1), after “the appellant” insert “, the Mayor”;

(ii) in paragraph (2), after “the applicant” insert “, the Mayor”;”;

(b) in sub-paragraph (d) omit paragraphs (x) and (xi).

(1)

S.I. 2000/1624. Amended by S.I. 2003/956 and S.I. 2008/2831.