The Town and Country Planning Appeals (Determination by Inspectors) (Inquiries Procedure) Rules 1992
© Crown Copyright 1992 The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users. It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Royal Arms and the Queen's Printer imprints. The text of this Internet version of the Statutory Instrument has been prepared to reflect the text as it was Made. The authoritative version is the Queen's Printer copy published by The Stationery Office Limited as the The Town and Country Planning Appeals (Determination by Inspectors) (Inquiries Procedure) Rules 1992, ISBN 0110250397. Purchase this item. For details of how to obtain an official copy see How to obtain The Stationery Office Limited titles. To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available. | ||||||||
TRIBUNALS AND INQUIRIES The Town and Country Planning Appeals (Determination by Inspectors) (Inquiries Procedure) Rules 1992
1. These Rules may be cited as the Town and Country Planning Appeals (Determination by Inspectors) (Inquiries Procedure) Rules 1992 and shall come into force on 30th September 1992.
2. In these Rules, unless the context otherwise requires
3.(1) These Rules apply in relation to any local inquiry held in England or Wales by an inspector before he determines
(2) Where these Rules apply in relation to an appeal which at some time fell to be disposed of in accordance with the Town and Country Planning (Inquiries Procedure) Rules 1992[7] or Rules superseded by those Rules[8], any step taken or thing done under those Rules which could have been done under any corresponding provision of these Rules shall have effect as if it had been taken or done under that corresponding provision.
4.(1) The local planning authority shall, on receipt of a notice informing them that an inquiry is to be held ("the relevant notice"), forthwith inform the Secretary of State and the appellant in writing of the name and address of any statutory party who has made representations to them; and the Secretary of State shall as soon as practicable thereafter inform the appellant and the local planning authority of the name and address of any statutory party who has made representations to him. (2) This paragraph applies where
(3) Where paragraph (2) applies, the local planning authority shall forthwith after the date of the relevant notice ("the relevant date") inform the person or body concerned of the inquiry and, unless they have already done so, that person or body shall thereupon give the local planning authority a written statement of the reasons for making the direction, expressing the view or making the representations, as the case may be.
5.(1) Subject to paragraph (2), the Secretary of State shall notify the name of the inspector to every person entitled to appear at the inquiry. (2) Where the Secretary of State appoints another inspector instead of the person previously appointed and it is not practicable to notify the new appointment before the inquiry is held, the inspector holding the inquiry shall, at its commencement, announce his name and the fact of his appointment.
6.(1) Subject to paragraph (4), the local planning authority shall, not later than 6 weeks after the relevant date, serve a statement of case on the Secretary of State, the appellant and any statutory party. (2) Where rule 4(2) applies, the local planning authority shall
(3) Subject to paragraph (4), the appellant shall, not later than 9 weeks after the relevant date, serve a statement of case on the Secretary of State, the local planning authority and any statutory party. (4) The statement of case mentioned in paragraph (1) or, as the case may be, paragraph (3) shall be served no later than the day which is 4 weeks before the date fixed for the holding of the inquiry, where that day falls within the period mentioned in whichever of those paragraphs is applicable to the case. (5) The appellant and the local planning authority may each require the other to send them a copy of any document, or of the relevant part of any document, referred to in the list of documents comprised in that party's statement of case; and any such document, or relevant part, shall be sent as soon as practicable to the party who required it. (6) The Secretary of State may in writing require any other person who has notified him of an intention or a wish to appear at an inquiry to serve a statement of case, within 4 weeks of being so required, on the appellant, the local planning authority, the Secretary of State and any (or any other) statutory party. (7) The Secretary of State shall supply any person from whom he requires a statement of case in accordance with paragraph (6) with a copy of the appellant's and the local planning authority's statement of case and shall inform that person of the name and address of every person on whom his statement of case is required to be served. (8) The Secretary of State may require any person who has served a statement of case in accordance with this rule to provide such further information about the matters contained in the statement as he may specify; and a person so required shall provide the Secretary of State with that information in writing and shall, at the same time, send a copy to any other person on whom the statement of case has been served. (9) Any person other than the appellant who serves a statement of case on the local planning authority shall serve with it a copy of any document, or of the relevant part of any document, referred to in the list comprised in that statement, unless a copy of the document or part of the document in question is already available for inspection pursuant to paragraph (11). (10) The Secretary of State shall transmit any statement of case served on him in accordance with this rule to the inspector. (11) The local planning authority shall afford to any person who so requests a reasonable opportunity to inspect and, where practicable, take copies of any statement of case or other document which, or a copy of which, has been served on them in accordance with this rule, and of their statement of case together with a copy of any document, or of the relevant part of any document, referred to in the list comprised in that statement or otherwise served by them pursuant to this rule; and shall specify in their statement of case the time and place at which the opportunity will be afforded.
7.(1) An inspector may, not later than 12 weeks after the relevant date, cause to be served on the appellant, the local planning authority and any statutory party a written statement of the matters about which he particularly wishes to be informed for the purposes of his consideration of the appeal. (2) An inspector may hold a pre-inquiry meeting where he considers it desirable and shall arrange for not less than 2 weeks written notice of it to be given to the appellant, the local planning authority, any statutory party, any other person known to be entitled to appear at the inquiry and any other person whose presence at the meeting appears to him to be desirable. (3) The inspector shall preside at the pre-inquiry meeting and shall determine the matters to be discussed and the procedure to be followed, and he may require any person present at the meeting who, in his opinion, is behaving in a disruptive manner to leave and may refuse to permit that person to return or to attend any further meeting, or may permit him to return or attend only on such conditions as he may specify.
8.(1) An inspector may at any time arrange a time-table for the proceedings at, or at part of, an inquiry and may at any time vary the time-table. (2) An inspector may specify in a time-table arranged pursuant to this rule a date by which any proof of evidence and summary required by rule 14(1) to be sent to him shall be so sent.
9. Where the Secretary of State appoints an assessor, he shall notify every person entitled to appear at the inquiry of the name of the assessor and of the matters on which he is to advise the inspector.
10.(1) The date fixed by the Secretary of State for the holding of an inquiry shall be, unless he considers such a date impracticable, not later than 20 weeks after the relevant date; and where he considers it impracticable to fix a date in accordance with the preceding provisions of this paragraph, the date fixed shall be the earliest date after the end of the period mentioned 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 for the holding of an inquiry to every person entitled to appear at the inquiry. (3) The Secretary of State may vary the date fixed for the holding of an inquiry, whether or not the date as varied is within the period of 20 weeks mentioned in paragraph (1); and paragraph (2) shall apply to the 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 an inquiry and shall give such notice of any such variation as appears to him to be reasonable. (5) The Secretary of State may require the local planning authority to take one or more of the following steps
(6) Where the land is under the control of the appellant he shall, if so required by the Secretary of State, affix a notice of the inquiry firmly to the land or to some object on or near the land, in such manner as to be readily visible to and legible by members of the public; and he shall not remove the notice, or cause or permit it to be removed, for such period before the inquiry as the Secretary of State may specify. (7) Every notice of inquiry published, served or posted pursuant to paragraph (5), or affixed pursuant to paragraph (6), shall contain
11.(1) The persons entitled to appear at an inquiry are
(2) Nothing in paragraph (1) shall prevent the inspector from permitting any other person to appear at an inquiry, and such permission shall not be unreasonably withheld. (3) Any person entitled or permitted to appear may do so on his own behalf or be represented by counsel, solicitor or any other person.
12.(1) Where
(2) Where an application is made in accordance with paragraph (1), the Secretary of State shall make a representative available to attend the inquiry or, as the case may be, transmit the application to the other Minister, department or body concerned who shall make a representative available to attend the inquiry. (3) A person attending an inquiry as a representative in pursuance of this rule shall state the reasons for the direction or expressed view and shall give evidence and be subject to cross-examination to the same extent as any other witness. (4) Nothing in paragraph (3) shall require a representative of a Minister or a government department to answer any question which in the opinion of the inspector is directed to the merits of government policy.
13. An inspector may in place of the Secretary of State take such steps as the Secretary of State is required or enabled to take under or by virtue of rule 6(6) to (8), rule 10, rule 12(1) or (2) or rule 20; and where an inspector requires further information pursuant to rule 6(8), that information shall be sent to him.
14.(1) A person entitled to appear at an inquiry who proposes to give, or to call another person to give, evidence at the inquiry by reading a proof of evidence shall send a paragraph (2), a written summary. (2) No written summary shall be required where the proof of evidence proposed to be read contains no more than 1500 words. (3) The proof and any summary shall be sent to the inspector not later than
(4) Where the appellant or the local planning authority send a copy of a proof to an inspector in accordance with paragraph (1), with or without a summary, they shall at the same time send a copy of that proof and any summary to the other party, and to any statutory party; and where any other party so sends a copy of such documents he shall at the same time send a copy to the appellant, the local planning authority and any (or any other) statutory party. (5) Where a written summary is provided in accordance with paragraph (1), only that summary shall be read at the inquiry, unless the inspector permits or requires otherwise. (6) Any person required by this rule to send a copy of a proof to any other person shall send with it a copy of the whole, or the relevant part, of any document referred to in it, unless a copy of the document or part of the document in question is already available for inspection pursuant to rule 6(11). (7) The local planning authority shall afford to any person who so requests a reasonable opportunity to inspect and, where practicable, take copies of any document sent to or by them in accordance with this rule.
15.(1) Except as otherwise provided in these Rules, the inspector shall determine the procedure at an inquiry. (2) Unless in any particular case the inspector with the consent of the appellant otherwise determines, the appellant shall begin and shall have the right of final reply; and the other persons entitled or permitted to appear shall be heard in such order as the inspector may determine. (3) A person entitled to appear at an inquiry shall be entitled to call evidence and the appellant, the local planning authority and any statutory party shall be entitled to cross- examine persons giving evidence, but, subject to the foregoing and paragraphs (4) and (5), the calling of evidence and the cross-examination of persons giving evidence shall otherwise be at the inspector's discretion. (4) The inspector may refuse to permit
(5) Where a person gives evidence at an inquiry by reading a summary of his evidence in accordance with rule 14(5), the proof of evidence referred to in rule 14(1) shall, unless the person required to provide the summary notifies the inspector that he now wishes to rely on the contents of the summary alone, be treated as tendered in evidence, and the person whose evidence the proof contains shall then be subject to cross-examination on it to the same extent as if it were evidence he had given orally. (6) The inspector may direct that facilities shall be afforded to any person appearing at an inquiry to take or obtain copies of documentary evidence open to public inspection. (7) The inspector may require any person appearing or present at an inquiry who, in his opinion, is behaving in a disruptive manner to leave and may refuse to permit that person to return, or may permit him to return only on such conditions as he may specify; but any such person may submit to him any evidence or other matter in writing before the close of the inquiry. (8) The inspector may allow any person to alter or add to a statement of case served under rule 6 so far as may be necessary for the purposes of the inquiry; but he shall (if necessary by adjourning the inquiry) give every other person entitled to appear who is appearing at the inquiry an adequate opportunity of considering any fresh matter or document. (9) The inspector may proceed with an inquiry in the absence of any person entitled to appear at it. (10) The inspector may take into account any written representation or evidence or any other document received by him from any person before an inquiry opens or during the inquiry provided that he discloses it at the inquiry. (11) The inspector may from time to time adjourn an inquiry and, if the date, time and place of the adjourned inquiry are announced before the adjournment, no further notice shall be required.
16.(1) The inspector may make an unaccompanied inspection of the land before or during an inquiry without giving notice of his intention to the persons entitled to appear at the inquiry. (2) The inspector may, during an inquiry or after its close, inspect the land in the company of the appellant, the local planning authority and any statutory party; and he shall make such an inspection if so requested by the appellant or the local planning authority before or during an inquiry. (3) In all cases where the inspector intends to make an inspection of the kind referred to in paragraph (2) he shall announce during the inquiry the date and time at which he proposes to make it. (4) The inspector shall not be bound to defer an inspection of the kind referred to in paragraph (2) where any person mentioned in that paragraph is not present at the time appointed.
17.(1) Where an assessor has been appointed, he may, after the close of the inquiry, make a report in writing to the inspector in respect of the matters on which he was appointed to advise, and where he does so the inspector shall state in his notification of his decision pursuant to rule 18 that such a report was made. (2) If, after the close of an inquiry, an inspector proposes to take into consideration any new evidence or any new matter of fact (not being a matter of government policy) which was not raised at the inquiry and which he considers to be material to his decision, he shall not come to a decision without first
(3) An inspector may, as he thinks fit, cause an inquiry to be re-opened, and he shall do so if asked by the appellant or the local planning authority in the circumstances and within the period mentioned in paragraph (2); and where an inquiry is re-opened
18.(1) An inspector shall notify his decision on an appeal, and his reasons for it, in writing to all persons entitled to appear at the inquiry who did appear, and to any other person who, having appeared at the inquiry, has asked to be notified of the decision. (2) Any person entitled to be notified of the inspector's decision under paragraph (1) may apply to the Secretary of State in writing, within 6 weeks of the date of the decision, for an opportunity of inspecting any documents listed in the notification and any report made by an assessor and the Secretary of State shall afford him that opportunity.
19. Where a decision of an inspector on an appeal in respect of which an inquiry has been held is quashed in proceedings before any court, the Secretary of State
20. The Secretary of State may at any time in any particular case allow further time for the taking of any step which is required or enabled to be taken by virtue of these Rules, and references in these Rules to a day by which, or a period within which, any step is required or enabled to be taken shall be construed accordingly.
21. Notices or documents required or authorised to be served or sent under these Rules may be sent by post.
22.(1) Subject to paragraph (2), the Town and Country Planning Appeals (Determination by Inspectors) (Inquiries Procedure) Rules 1988[13] are hereby revoked. (2) Any appeal to which the 1988 Rules applied which has not been determined on the date when these Rules come into force ("the commencement date") shall be continued under these Rules, but
(This note is not part of the Rules)
The statements of case required by rule 6 must now be served, in certain circumstances, no later than 4 weeks before the date on which the inquiry is due to open (paragraph (4) of that rule). The appellant and the local planning authority may now require from one another a copy of any document, or relevant extract, which the party so required intends to refer to or put in evidence at the inquiry (rule 6(5)). Rule 14 now requires that copies of proofs of evidence sent to the inspector must be accompanied by a written summary where the proof contains more than 1500 words, not merely, as formerly, where the inspector expressly required such a summary (paragraphs (1) and (2) of that rule). Where provided, only the summary shall be read at the inquiry, unless the inspector permits or requires otherwise.
ISBN 0 11 025039 7 Notes: [1] 1971 c. 62; applied by paragraph 8(1) of Schedule 6 to the Town and Country Planning Act 1990(c. 8), and paragraph 7(1) of Schedule 3 to the Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9). back [5] S.I. 1988/1813. Article 22A was inserted by article 6 of S.I. 1992/1493. There are other amendments not relevant to these Rules. back |
|
|
||
| Other UK SIs | Home | National Assembly for Wales Statutory Instruments | Scottish Statutory Instruments | Statutory Rules of Northern Ireland | Her Majesty's Stationery Office | ||
|
|
||
| We welcome your comments on this site | © Crown copyright 1992 | Prepared 20th September 2000 |