Town and Country Planning (Inquiries Procedure) Rules 1974
| Jurisdiction | UK Non-devolved |
| Citation | SI 1974/419 |
1974 No. 419
TRIBUNALS AND INQUIRIES
The Town and Country Planning (Inquiries Procedure) Rules 1974
Made 11th March 1974
Laid before Parliament 22th March 1974
Coming into Operation 1st April 1974
The Lord Chancellor, in exercise of the powers conferred on him by section 11 of the Tribunals and Inquiries Act 1971 and after consultation with the Council on Tribunals, hereby makes the following Rules:—
Citation and commencement
1.—(1) These Rules may be cited as the Town and Country Planning (Inquiries Procedure) Rules 1974.
(2) These Rules shall come into operation on 1st April 1974 but, save as provided in rule 17, shall not affect any application referred to the Secretary of State or appeal brought before that date.
Application of Rules
2.—(1) These Rules do not, except to the extent provided by paragraph (3) of this rule, apply to inquiries held under the provisions of Schedule 9 to the Town and Country Planning Act 1971, but save as aforesaid apply—
(a)
(a) to local inquiries caused by the Secretary of State to be held for the purpose of applications for planning permission referred to him under section 35 of the Town and Country Planning Act 1971 and appeals to him under section 36 of that Act and (to the extent provided in rule 15) to hearings before a person appointed by the Secretary of State for the purpose of any such application or appeal;
(b)
(b) to local inquiries caused by the Secretary of State to be held for the purpose of applications for consent referred to him under a tree preservation order and appeals to him under such an order and (to the extent provided in rule 15) to hearings before a person appointed by the Secretary of State for the purpose of any such application or appeal, subject to the following modifications—
(i) rule 4 shall not apply and the references in these Rules to section 29 parties shall be omitted;
(ii) references to development shall be construed as references to the cutting down, topping or lopping of trees;
(iii) references to permission shall be construed as references to consent;
(c)
(c) to local inquiries caused by the Secretary of State to be held for the purposes of applications referred to him and appeals to him under Part I of Schedule 11 to the Town and Country Planning Act 1971 (including applications and appeals under that part of that Schedule as applied by section 8 of and Schedule 2 to the Town and Country Planning (Amendment) Act 1972 and (to the extent provided in rule 15) to hearings before a person appointed by the Secretary of State for the purpose of any such application or appeal, subject to the following modifications—
(i) references to development shall be construed as references to works for the demolition, alteration or extension of a listed building or to works for the demolition of a building in a conservation area as the case may be;
(ii) references to permission shall be construed as references to listed building consent;
(d)
(d) to local inquiries caused by the Secretary of State to be held for the purpose of applications for consent referred to him under the Town and Country Planning (Control of Advertisements) Regulations 1969 to 19741and appeals to him under those Regulations and (to the extent provided in rule 15) to hearings before a person appointed by the Secretary of State for the purpose of any such application or appeal, subject to the following modifications—
(i) rule 4 shall not apply and the references in these Rules to section 29 parties shall be omitted;
(ii) references to development shall be construed as references to the display of advertisements;
(iii) references to permission shall be construed as references to consent.
(2) These Rules apply in relation to Greater London as defined in section 2(1) of the London Government Act 1963, subject to the modifications specified in rule 16.
(3) Where the Secretary of State in exercise of his powers under paragraph 3(1) of Schedule 9 to the Town and Country Planning Act 1971, directs that an appeal (which, by virtue of paragraph 1(1) of that Schedule and the regulations made thereunder, falls to be determined by a person appointed by the Secretary of State) shall, instead of being determined by that person, be determined by the Secretary of State, these Rules apply in relation to any step taken or thing done after the giving of the said direction, but do not affect any step taken or thing done before the giving of such direction.
Interpretation
3.—(1) In these Rules, unless the context otherwise requires—
“” means
“” means
“” in the case of an appeal means
“” means
“” means
“” and “”
“” means
“” means
“”
“” means
“”
“” means—
(a) the county planning authority or district planning authority, as the case may be, who were responsible for dealing with the relevant application (or in the case of an application referred to the Secretary of State would have been so responsible had it not been so referred), or
(b) any local authority or committee (including a National Park Committee) exercising the functions of the said planning authority in relation to the application by virtue of any arrangement made under section 101 of the Act of 1972;
“”
“” means
“” means—
(i) in relation to referred applications, persons from whom representations are received within the time prescribed—
(a) in pursuance of section 29(2) or (3) of the Act, as applied by section 35(4), or
(b) in the case of applications referred under paragraph 4 of Schedule 11 to the Act, in pursuance of regulations made under paragraph 2 of the said Schedule; and
(ii) in relation to appeals, persons from whom representations are received within the time prescribed—
(a) by the local planning authority in pursuance of section 29(3) of the Act, or by the Secretary of State in pursuance of section 29(3) as applied by section 36(5), or
(b) in the case of appeals brought under paragraph 8 of Schedule 11 to the Act, in pursuance of regulations made under paragraph 2 of the said Schedule.
(2) Without prejudice to the foregoing provisions of this rule, the Secretary of State may require the local planning authority to take one or more of the following steps—
(a)
(a) to publish in one or more newspapers circulating in the locality in which land is situated such notices of the inquiry as he may direct;
(b)
(b) to serve notice of the inquiry in such form and on such persons or classes of persons as he may specify;
(c)
(c) to post such notices of the inquiry as he may direct in a conspicuous place or places near to the land;
but the requirements as to the period of notice contained in paragraph (1) of this rule shall not apply to any such notices.
(3) Where the land is under the control of the applicant, he shall, if so required by the Secretary of State, affix firmly to some object on the land, in such a manner as to be readily visible to and legible by the public, such notice of the inquiry as the Secretary of State may specify, and thereafter for such period before the inquiry as the Secretary of State may specify, the applicant shall not remove the notice, or cause or permit it to be removed.
Statements to be served before inquiry
6.—(1) In the case of a referred application, the Secretary of State shall (where this has not already been done), not later than 28 days before the date of the inquiry (or such later date as he may specify under proviso (i) to paragraph (1) of rule (5), serve or cause to be served on the applicant, on the local planning authority and on the section 29 parties a written statement of the reasons for his direction that the application be referred to him and of any points which seem to him to be likely to be relevant to his consideration of the application; and where a government department has expressed in writing to the Secretary of State the view that the application should not be granted either wholly or in part, or should be granted only subject to conditions, or, in the case of an application for consent under a tree preservation order, should be granted together with a direction requiring the replanting of trees, the Secretary of State shall include this expression of view in his statement and shall supply a copy of the statement to the government department concerned.
(2) Not later than 28 days before the date of the inquiry (or such later date as the Secretary of State may specify under proviso (i) to paragraph (1) of rule 5), the local planning authority shall—
(a)
(a) serve on the applicant and on the section 29 parties a written statement of any submission which the local planning authority propose to put forward at the inquiry, and
(b)
(b) supply a copy of the statement to the Secretary of State.
(3) Where the Secretary of State or a local authority has given a direction restricting the grant of permission for the development for which application was made or a direction as to how the application was to be determined, the local planning authority shall mention this in their statement and shall include in the statement a copy of the direction and the reasons given for it and shall, within the period specified in paragraph (2) above, supply a copy of the statement to the Secretary of State or local authority concerned; and where a government department or a local authority has expressed in writing to the local planning authority the view that the application should not be granted either wholly or in part, or should be granted only subject to conditions, or, in the case of an application for consent under a tree preservation order, should be granted together with a direction requiring the replanting of trees, and the local planning authority propose to rely on such expression of view in their submissions at the inquiry, they shall include it in their statement and shall, within the period specified in paragraph (2) above, supply a copy of the statement to the...
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