Town and Country Planning (Enforcement) (Inquiries Procedure) Rules 1992
| Jurisdiction | UK Non-devolved |
| Citation | SI 1992/1903 |
| Year | 1992 |
1992 No. 1903
TRIBUNALS AND INQUIRIES
The Town and Country Planning (Enforcement) (Inquiries Procedure) Rules 1992
Made 29th July 1992
Laid before Parliament 10th August 1992
Coming into force 1st September 1992
The Lord Chancellor, in exercise of the powers conferred on him by section 11 of the Tribunals and Inquiries Act 19711and all other powers enabling him in that behalf, and after consultation with the Council on Tribunals, hereby makes the following Rules—
Citation and commencement
1. These Rules may be cited as the Town and Country Planning (Enforcement) (Inquiries Procedure) Rules 1992 and shall come into force on 1st September 1992.
Interpretation
2. In these Rules, unless the context otherwise requires—
“assessor” means a person appointed by the Secretary of State to sit with an inspector at an inquiry or re-opened inquiry to advise the inspector on such matters arising as the Secretary of State may specify;
“certificate of lawful use or development” means a certificate under section 191 or 192 of the Planning Act;
“development order” has the meaning given in section 59 of the Planning Act;
“document” includes a photograph, map or plan;
“enforcement appeal” means an appeal against an enforcement notice;
“enforcement notice” means a notice under section 172 of the Planning Act or under section 38 of the Listed Buildings Act;
“inquiry” means a local inquiry in relation to which these Rules apply;
“inspector” means—
(a) in relation to a transferred appeal, the person appointed by the Secretary of State to determine the appeal;
(b) in relation to a non-transferred appeal, the person appointed by the Secretary of State to hold the relevant inquiry or re-opened inquiry;
“land” means the land or building to which an inquiry relates;
“Listed Buildings Act” means the Planning (Listed Buildings and Conservation Areas) Act 19902;
“local planning authority” means—
(a) in relation to an enforcement appeal, the authority who issued the relevant enforcement notice;
(b) in relation to an appeal against the refusal or non-determination of an application for a certificate of lawful use or development, the authority to whom the application was made;
“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;
“Planning Act” means the Town and Country Planning Act 19903;
“pre-inquiry meeting” means a meeting held before an inquiry to consider what may be done with a view to securing that the inquiry is conducted efficiently and expeditiously, and where two or more such meetings are held references to the conclusion of a pre-inquiry meeting are references to the conclusion of the final meeting;
“relevant date” means the date of the Secretary of State’s written notice to the appellant and the local planning authority of his intention to cause an inquiry to be held, and “relevant notice” means that notice;
“statement of case” means, and is comprised of, a written statement which contains full particulars of the case which a person proposes to put forward at an inquiry, and a list of any documents which that person intends to refer to or put in evidence;
“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 Act.
Application of Rules
3. These Rules apply in relation to any local inquiry held in England or Wales for the purposes of an appeal made on or after 1st September 1992 under—
(a) section 1744of the Planning Act (appeal against enforcement notice);
(b) section 1955of the Planning Act (appeal against refusal or non-determination of an application for a certificate of lawful use or development);
(c) section 396of the Listed Buildings Act (appeal against listed building enforcement notice) or under that section as applied by virtue of section 74(3) of that Act (appeal against conservation area enforcement notice),
but do not apply to any local inquiry by reason of the application of any provision mentioned in this rule by or under any other enactment.
Preliminary information to be supplied by local planning authority—enforcement appeal
4. In the case of an enforcement appeal, the local planning authority shall, on receipt of a relevant notice, forthwith inform the appellant in writing of the name and address of any person on whom a copy of the enforcement notice has been served.
Notification of identity of inspector
5.—(1) The Secretary of State shall, subject to paragraph (2), 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.
Pre-inquiry meeting
6.—(1) An inspector may hold a pre-inquiry meeting if he thinks it desirable.
(2) The inspector shall arrange for not less than 2 weeks written notice of a meeting he proposes to hold under paragraph (1) to be given to the local planning authority, the appellant, any person known at the date of the notice 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 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 to or attend any further meeting, or may permit him to return or attend only on such conditions as he may specify.
Statement of relevant matters
7. In the case of a non-transferred appeal, the Secretary of State may, and in the case of a transferred appeal, the inspector may, before an inquiry is held for the purpose of the appeal, serve on the local planning authority, the appellant, any person required t o serve a statement of case pursuant to rule 8(4) and, in the case of an enforcement appeal, any person on whom a copy of the enforcement notice has been served, a statement of the matters about which he particularly wishes to be informed for the purposes of his consideration of the appeal.
Service of statements of case etc
8.—(1) The local planning authority shall—
(a)
(a) where the date fixed for the holding of the inquiry is less than 18 weeks after the relevant date, at least 6 weeks before the date fixed for the holding of the inquiry; or
(b)
(b) in any other case, not later than 12 weeks after the relevant date,
serve a statement of case on the Secretary of State, the appellant and, in the case of an enforcement appeal, any person on whom a copy of the enforcement notice has been served.
(2) The appellant shall—
(a)
(a) where the date fixed for the holding of the inquiry is less than 18 weeks after the relevant date, at least 3 weeks before the date fixed for the holding of the inquiry; or
(b)
(b) in any other case, not later than 15 weeks after the relevant date,
serve a statement of case on the Secretary of State, the local planning authority and, in the case of an enforcement appeal, any person on whom a copy of the enforcement notice has been served.
(3) The local planning authority and the appellant may each require the other to send to 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.
(4) 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 such period as he may specify, on him, the local planning authority, the appellant and, in the case of an enforcement appeal, on any person on whom a copy of the enforcement notice has been served.
(5) The Secretary of State shall supply any person from whom he requires a statement of case in accordance with paragraph (4) with a copy of the local planning authority’s and the appellant’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.
(6) The Secretary of State or an inspector 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 or, as the case may be, the inspector, with that information in writing and shall, at the same time, send a copy of that information to any other person on whom the statement of case has been served.
(7) 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 (8).
(8) 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) any statement of case or other document which, or a copy of...
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