Town and Country Planning (Hearings Procedure) (England) Rules 2000
| Jurisdiction | UK Non-devolved |
| Citation | SI 2000/1626 |
| Year | 2000 |
2000 No. 1626
TRIBUNALS AND INQUIRIES, ENGLAND
The Town and Country Planning (Hearings Procedure) (England) Rules 2000
Made 17th June 2000
Laid before Parliament 27th June 2000
Coming into force 1st August 2000
The Lord Chancellor, in exercise of the powers conferred on him by section 9 of the Tribunals and Inquiries Act 19921, and of all other powers enabling him in that behalf, and after consultation with the Council on Tribunals, hereby makes the following Rules:—
Citation, commencement and extent
1.—(1) These Rules may be cited as the Town and Country Planning (Hearings Procedure) (England) Rules 2000.
(2) These Rules shall come into force on 1st August 2000.
(3) These Rules extend to England only.
Interpretation
2. In these Rules—
“document” includes a photograph, map or plan;
“hearing” means a hearing in relation to which these Rules apply;
“hearing statement” means, and is comprised of, a written statement which contains full particulars of the case which a person proposes to put forward at a hearing and copies of any documents which that person intends to refer to or put in evidence;
“inquiry” means a local inquiry in relation to which the Town and Country Planning (Inquiries Procedure) (England) Rules 20002or the Town and Country Planning Appeals (Determination by Inspectors) (Inquiries Procedure) (England) Rules 20003apply;
“inspector” means—
(a) in relation to a transferred appeal, a person appointed by the Secretary of State to determine an appeal;
(b) in relation to a non-transferred appeal, a person appointed by the Secretary of State to hold a hearing or a re-opened hearing;
“land” means the land or building to which a hearing relates;
“the Listed Buildings Act” means the Planning (Listed Buildings and Conservation Areas) Act 19904;
“local planning authority” means the body who were responsible for dealing with the application occasioning the appeal;
“non-transferred appeal” means an appeal which falls to be determined by the Secretary of State, including an appeal which falls to be so determined by virtue of a direction under paragraph 3(1) of Schedule 6 to the Planning Act or paragraph 3(1) of Schedule 3 to the Listed Buildings Act;
“the Planning Act” means the Town and Country Planning Act 19905;
“questionnaire” means a document in the form supplied by the Secretary of State to local planning authorities for the purpose of proceedings under these Rules;
“the relevant notice” means the Secretary of State’s written notice informing the appellant and the local planning authority that a hearing is to be held;
“starting date” means the date of the—
(a) Secretary of State’s written notice to the appellant and the local planning authority that he has received all the documents required to enable him to entertain the appeal; or
(b) relevant notice,
whichever is the later;
“statutory party” means—
(a) a person mentioned in paragraph (1)(b)(i) of article 19 of the Town and Country Planning (General Development Procedure) Order 19956whose representations the Secretary of State is required by paragraph (3) of that article to take into account in determining the appeal to which a hearing relates; and such a person whose representations the local planning authority were required by paragraph (1) of that article to take into account in determining the application occasioning the appeal; and
(b) a person whose representations the Secretary of State is required by paragraphs (3)(b) and (5) of regulation 6 of the Planning (Listed Buildings and Conservation Areas) Regulations 19907to take into account in determining the appeal to which a hearing relates; and a person whose representations the local planning authority were required by paragraph (3)(b) of that regulation to take into account in determining the application occasioning the appeal; and
“transferred appeal” means an appeal which falls to be determined by a person appointed by the Secretary of State under Schedule 6 to the Planning Act or Schedule 3 to the Listed Buildings Act8.
Application of Rules
3.—(1) These Rules apply in relation to any hearing held in England for the purposes of a non-transferred or a transferred appeal made on or after 1st August 2000 under—
(a)
(a) section 78 of the Planning Act;
(b)
(b) section 20 of the Listed Buildings Act;
(c)
(c) section 20 of the Listed Buildings Act as applied by section 74(3) of that Act,
but do not apply to any hearing by reason of the application of any provision mentioned in this paragraph by any other enactment.
(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) (England) Rules 2000 or the Town and Country Planning Appeals (Determination by Inspectors) (Inquiries Procedure) (England) Rules 2000, 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.
Preliminary information to be supplied by local planning authority
4.—(1) The local planning authority shall, on receipt of 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 in writing of the name and address of any statutory party who has made representations to him.
(2) The local planning authority shall ensure that within 2 weeks of the starting date—
(a)
(a) the Secretary of State and the appellant have received a completed questionnaire and a copy of each of the documents referred to in it;
(b)
(b) any—
(i) statutory party; and
(ii) other person who made representations to the local planning authority about the application occasioning the appeal,
has been notified that an appeal has been made and of the address to which and of the period within which they may make representations to the Secretary of State.
Notification of name of inspector
5.—(1) This rule applies where a hearing is to be held for the purposes of a transferred appeal.
(2) Subject to paragraph (3), the Secretary of State shall notify the name of the inspector to every person entitled to appear at the hearing.
(3) 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 hearing is held, the inspector holding the hearing shall, at its commencement, announce his name and the fact of his appointment.
Receipt of hearing statements etc.
6.—(1) The appellant and the local planning authority shall ensure that, within 6 weeks of the starting date, 2 copies of their hearing statement have been received by the Secretary of State and a copy has been received by any statutory party.
(2) The Secretary of State may in writing require the appellant and the local planning authority to provide such further information about the matters contained in their hearing statement as he may specify; such information shall be provided in writing and the appellant or the local planning authority, as the case may be, shall ensure that 2 copies are received by the Secretary of State and a copy is received by any statutory party within such period as the Secretary of State may reasonably require.
(3) Any statutory party, and any person who made representations to the local planning authority about the application occasioning the appeal or who was notified about the application occasioning the appeal, shall ensure that the Secretary of State has received 3 copies of any written comments they wish to make concerning the appeal within 6 weeks of the starting date.
(4) The appellant and the local planning authority shall ensure that the Secretary of State has received 2 copies and any statutory party a copy of any comments the local planning authority and the appellant wish to make on—
(a)
(a) each other’s hearing statement;
(b)
(b) comments made pursuant to paragraph (3); and
(c)
(c) comments made to them by any other person,
within 9 weeks of the starting date.
(5) The Secretary of State shall send, as soon as practicable after receipt, a copy of any—
(a)
(a) hearing statement received by him pursuant to paragraph (1), further information provided pursuant to paragraph (2) and any comments received pursuant to paragraph (4) from, in each case, the appellant or the local planning authority to the other of those two parties; and
(b)
(b) written comments made by persons pursuant to paragraph (3), to the local planning authority and the appellant.
(6) The local planning authority shall afford to any person who so requests a reasonable opportunity to inspect, and where practicable, take copies of—
(a)
(a) the local planning authority’s completed questionnaire, hearing statement and any document copied to the authority under paragraph (5); and
(b)
(b) further information provided by the authority under paragraph (2) and comments made by the authority under paragraph (4),
and shall specify in their hearing statement the time and place where such opportunity shall be afforded.
(7) The Secretary of State shall send to the inspector, as soon as practicable after receipt, any hearing statement, document, part of any document or written comments received by the Secretary of State within the relevant period specified for receiving such documents pursuant to paragraphs (1) to (4).
(8) In the case of a non-transferred appeal, the Secretary of State, and in the case of a transferred appeal, the inspector, may in determining the appeal disregard any comments made...
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