Statutory Instrument 2000 No. 1626

The Town and Country Planning (Hearings Procedure) (England) Rules 2000

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STATUTORY INSTRUMENTS

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 1992[1], 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 2000[

"inspector" means -

"land" means the land or building to which a hearing relates;

"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;

"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 -

whichever is the later;

"statutory party" means -

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) section 78 of the Planning Act;

(b) section 20 of the Listed Buildings Act;

(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) 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) any -

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.

(a) each other's hearing statement;

(b) comments made pursuant to paragraph (3); and

(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) 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) 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) the local planning authority's completed questionnaire, hearing statement and any document copied to the authority under paragraph (5); and

(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 pursuant to paragraphs (3) and (4) which are received after the relevant period specified for receipt.

Date and notification of hearing
     7. - (1) The date fixed by the Secretary of State for the holding of a hearing shall be -

(a) not later than 12 weeks after the starting date, unless he considers such a date impracticable; or

(b) the earliest date after that period 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 fixed by him for the holding of a hearing to every person entitled to appear at the hearing.

    (3) The Secretary of State may vary the date fixed for the holding of a hearing, whether or not the date as varied is within the period of 12 weeks mentioned in paragraph (1); and paragragh (2) shall apply to a 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 a hearing and shall give such notice of any variation as appears to him to be reasonable.

    (5) The Secretary of State may in writing require the local planning authority to take one or both of the following steps -

(a) not less than 2 weeks before the date fixed for the holding of a hearing, to publish a notice of the hearing in one or more newspapers circulating in the locality in which the land is situated;

(b) to send a notice of the hearing to such persons or classes of persons as he may specify, within such period as he may specify.

(6) Every notice of hearing published or sent pursuant to paragraph (5) shall contain -

(a) a clear statement of the date, time and place of the hearing and of the powers enabling the Secretary of State or inspector to determine the appeal in question;

(b) a written description of the land sufficient to identify approximately its location;

(c) a brief description of the subject matter of the appeal; and

(d) details of where and when copies of the local planning authority's completed questionnaire and documents sent by and copied to the authority pursuant to rule 6 may be inspected.

Method of procedure
8. - (1) If either the appellant or the local planning authority at any time before or during the hearing is of the opinion that the hearings procedure is inappropriate in determining the appeal and that the appeal should not proceed in this way then they may inform the Secretary of State, before the hearing, or the inspector, during the hearing, of their opinion and the reasons for it, and -

(a) the Secretary of State, before the hearing, shall, after consulting the other party who may inform the Secretary of State of his opinion pursuant to this paragraph, decide whether an inquiry should be arranged instead; or

(b) the inspector, during the hearing, shall, after consulting the other party who may inform the inspector of his opinion pursuant to this paragraph, decide whether the hearing should be closed and an inquiry held instead.

(2) If at any time during a hearing it appears to the inspector that the hearings procedure is inappropriate, he may, after consulting the appellant and the local planning authority, decide to close the proceedings and arrange for an inquiry to be held instead.

Appearances at hearing
9. - (1) The persons entitled to appear at the hearing are -

(a) the appellant;A:.16261005.TXT�(b)�the local planning authority; and

(c) any statutory party.

    (2) Nothing in paragraph (1) shall prevent the inspector from permitting any other person to appear at a hearing, 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 any other person.

Inspector may act in place of Secretary of State in respect of transferred appeals
     10. - (1) This rule applies where a hearing is to be held or has been held in respect of a transferred appeal.

    (2) 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 rules 6(2), 6(5), 7 and 18; and where an inspector requires further information or copies pursuant to rules 6(2) or 18(2) that information or copies shall be sent to him.

Procedure at hearing
     11. - (1) Except as otherwise provided in these Rules, the inspector shall determine the procedure at a hearing.

    (2) A hearing shall take the form of a discussion led by the inspector and cross-examination shall not be permitted unless the inspector considers that cross-examination is required to ensure a thorough examination of the main issues.

    (3) Where the inspector considers that cross-examination is required under paragraph (2) he shall consider, after consulting the appellant and the local planning authority, whether the hearing should be closed and an inquiry held instead.

    (4) At the start of the hearing the inspector shall identify what are, in his opinion, the main issues to be considered at the hearing and any matters on which he requires further explanation from any person entitled or permitted to appear.

    (5) Nothing in paragraph (4) shall preclude any person entitled or permitted to appear from referring to issues which they consider relevant to the consideration of the appeal but which were not issues identified by the inspector pursuant to that paragraph.

    (6) A person entitled to appear at a hearing shall be entitled to call evidence but, subject to the foregoing and paragraphs (7) and (8), the calling of evidence shall otherwise be at the inspector's discretion.

    (7) The inspector may refuse to permit the -

(a) giving or production of evidence; or

(b) presentation of any other matter,

which he considers to be irrelevant or repetitious; but where he refuses to permit the giving of oral evidence, the person wishing to give the evidence may submit to him any evidence or other matter in writing before the close of the hearing.

(8) The inspector may -

(a) require any person appearing or present at a hearing who, in his opinion, is behaving in a disruptive manner to leave; and

(b) refuse to permit that person to return; or

(c) 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 hearing.

    (9) The inspector may allow any person to alter or add to a hearing statement received under rule 6 so far as may be necessary for the purposes of the hearing; but he shall (if necessary by adjourning the hearing) give every other person entitled to appear who is appearing at the hearing an adequate opportunity of considering any fresh matter or document.

    (10) The inspector may proceed with a hearing in the absence of any person entitled to appear at it.

    (11) The inspector may take into account any written representation or evidence or any other document received by him from any person before a hearing opens or during the hearing provided that he discloses it at the hearing.

    (12) The inspector may from time to time adjourn a hearing and, if the date, time and place of the adjourned hearing are announced at the hearing before the adjournment, no further notice shall be required.

Site inspections
     12. - (1) Where it appears to the inspector that one or more matters would be more satisfactorily resolved by adjourning the hearing to the appeal site he may adjourn the hearing to that site and conclude the hearing there provided he is satisfied that -

(a) the hearing would proceed satisfactorily and that no party would be placed at a disadvantage;

(b) all parties present at the hearing would have the opportunity to attend the adjourned hearing; and

(c) the local planning authority, the appellant or any statutory party has not raised reasonable objections to it being continued at the appeal site.

(2) Unless the hearing is to be adjourned to the appeal site pursuant to paragraph (1), the inspector -

(a) may inspect the land during the hearing or after its close; and

(b) shall inspect the land if requested to do so by the appellant or the local planning authority before or during the hearing.

(3) Where the inspector intends to make an inspection under paragraph (2), he shall ask the appellant and the local planning authority whether they wish to be present.

(4) Where the appellant or the local planning authority have indicated that they wish to be present the inspector shall announce the date and time at which he proposes to make the inspection during the hearing and shall make the inspection in the company of-

(a) the appellant and the local planning authority; and

(b) at the inspector's discretion, any other person entitled or permitted to appear at the hearing who is appearing or did appear at it.

    (5) The inspector shall not be bound to defer an inspection of the kind referred to in paragraph (2) where any person mentioned in paragraph (4) is not present at the time appointed.

Procedure after hearing - non-transferred appeals
     13. - (1) This rule applies where a hearing has been held for the purposes of a non-transferred appeal.

    (2) After the close of the hearing, the inspector shall make a report in writing to the Secretary of State which shall include his conclusions and his recommendations or his reasons for not making any recommendations.

    (3) When making his determination the Secretary of State may disregard any written representations, evidence or other document received after the hearing has closed.

    (4) If, after the close of the hearing, the Secretary of State -

(a) differs from the inspector on any matter of fact mentioned in, or appearing to him to be material to, a conclusion reached by the inspector, or

(b) takes into consideration any new evidence or new matter of fact (not being a matter of government policy),

and is for that reason disposed to disagree with a recommendation made by the inspector, he shall not come to a decision which is at variance with that recommendation without first notifying the persons entitled to appear at the hearing who appeared at it of his disagreement and the reasons for it; and affording them an opportunity of making written representations to him or (if the Secretary of State has taken into consideration any new evidence or new matter of fact, not being a matter of government policy) of asking for the re-opening of the hearing.

(5) Those making written representations or requesting the hearing to be re-opened pursuant to paragraph (4), shall ensure that such representations or request are received by the Secretary of State within 3 weeks of the date of the Secretary of State's notification under that paragraph.

(6) The Secretary of State may, as he thinks fit, cause a hearing to be re-opened, and he shall do so if asked by the appellant or the local planning authority in the circumstances mentioned in paragraph (4) and within the period mentioned in paragraph (5); and where a hearing is re-opened (whether by the same or a different inspector)-

(a) the Secretary of State shall send to the persons entitled to appear at the hearing who appeared at it a written statement of the matters with respect to which further evidence is invited; and

(b) paragraphs (2) to (6) of rule 7 shall apply as if the references to a hearing were references to a re-opened hearing.

Procedure after hearing - transferred appeals
     14. - (1) This rule applies where a hearing has been held for the purposes of a transferred appeal.

    (2) When making his decision the inspector may disregard any written representations, or evidence or any other document received after the hearing has closed.

    (3) If, after the close of the hearing, 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 hearing and which he considers to be material to his decision, he shall not come to a decision without first -

(a) notifying persons entitled to appear at the hearing who appeared at it of the matter in question; and

(b) affording them an opportunity of making written representations to him or of asking for the re-opening of the hearing,

and they shall ensure that such written representations or request to re-open the hearing are received by the Secretary of State within 3 weeks of the date of the notification.

(4) An inspector may, as he thinks fit, cause a hearing 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 (3); and where a hearing is re-opened -

(a) the inspector shall send to the persons entitled to appear at the hearing who appeared at it a written statement of the matters with respect to which further evidence is invited; and

(b) paragraphs (2) to (6) of rule 7 shall apply as if the references to a hearing were references to a re-opened hearing.

Notification of decision - non-transferred appeals
15. - (1) This rule applies where a hearing has been held for the purposes of a non-transferred appeal.

(2) The Secretary of State shall notify his decision on an appeal, and his reasons for it, in writing to -

(a) all persons entitled to appear at the hearing who did appear; and

(b) any other person who, having appeared at the hearing, has asked to be notified of the decision.

    (3) Where a copy of the inspector's report is not sent with the notification of the decision, the notification shall be accompanied by a statement of his conclusions and of any recommendations made by him; and if a person entitled to be notified of the decision has not received a copy of that report, he shall be supplied with a copy of it on written application to the Secretary of State.

    (4) In this rule "report" does not include any documents appended to the inspector's report; but any person who has received a copy of the report may apply to the Secretary of State in writing for an opportunity of inspecting any such documents and the Secretary of State shall afford him that opportunity.

    (5) A person applying to the Secretary of State under -

(a) paragraph (3) shall ensure that his application is received by the Secretary of State within 4 weeks;

(b) paragraph (4) shall ensure that his application is received by the Secretary of State within 6 weeks,

of the date of the Secretary of State's decision.

Notification of decision - transferred appeals
16. - (1) This rules applies where a hearing has been held for the purposes of a transferred appeal.

(2) An inspector shall notify his decision on an appeal, and his reason for it, in writing to -

(a) all persons entitled to appear at the hearing who did appear; and

(b) any other person who, having appeared at the hearing, has asked to be notified of the decision.

    (3) Any person entitled to be notified of the inspector's decision under paragraph (2) may apply to the Secretary of State in writing, for an opportunity of inspecting any documents listed in the notification and the Secretary of State shall afford him that opportunity.

    (4) Any person making an application under paragraph (3) shall ensure that it is received by the Secretary of State within 6 weeks of the date of the inspector's decision.

Procedure following quashing of decision
     17. - (1) Where a decision of the Secretary of State or an inspector on an appeal in respect of which a hearing has been held is quashed in proceedings before any court, the Secretary of State -

(a) shall send to the persons entitled to appear at the hearing who appeared at it a written statement of the matters with respect to which further representations are invited for the purposes of his further consideration of the appeal;

(b) shall afford to those persons the opportunity of making written representations to him in respect of those matters or of asking for the re-opening of the hearing; and

(c) may, as he thinks fit, cause the hearing to be re-opened or an inquiry held instead (whether by the same or a different inspector) and if he re-opens the hearing paragraphs (2) to (6) of rule 7 shall apply as if the references to a hearing were to a re-opened hearing.

    (2) Those persons making representations or asking for the hearing to be re-opened under paragraph (1)(b) shall ensure that such representations or request are received by the Secretary of State within 3 weeks of the date of the written statement sent under paragraph (1)(a).

Further time and additional copies
     18. - (1) 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.

    (2) The Secretary of State may at any time before the close of a hearing request from any person entitled to appear additional copies of the following -

(a) a hearing statement or comments sent in accordance with rule 6; or

(b) any other document or information sent to the Secretary of State before or during a hearing,

and may specify the time within which such copies should be received by him and any person so requested shall ensure that the copies are received within the period specified.

Notices by post
     19. Notices or documents required or authorised to be sent under these Rules may be sent by post.

Mayor of London
     20. - (1) In this rule "the Mayor" means the Mayor of London.

    (2) Where a hearing is held into an appeal arising from an application in respect of which the Mayor has directed the local planning authority to refuse the application these Rules shall apply subject to the following modifications -

(a) in rule 2 -

(b) in rule 4 -

" the other parties' hearing statements;";

(v) in paragraph (5)(a), after "the appellant" insert ", the Mayor" and for "of those two parties" substitute "parties required to provide such documents";

(vi) in paragraph (5)(b), after "the local planning authority" insert ", the Mayor".

(d) in rule 7(2) after "the appellant" insert ", the Mayor";

(e) in rule 8 -

(i) in paragraph (1), for "If either the appellant" substitute "If the appellant, the Mayor", for each reference to "party" substitute "parties" and for each reference to "his opinion" substitute "their opinions";

(ii) in paragraph (2), after "the appellant" insert ", the Mayor";

(f) in rule 9(1) -

(i) at the end of sub-paragraph (b) delete "and";

(ii) after sub-paragraph (c) add -

" and

(d) the Mayor.";

(g) in rules 13(6) and 14(4), after "the appellant" insert ", the Mayor".

(3) Where a hearing is held into an appeal arising from an application which a local planning authority was required to notify to the Mayor but which is not an appeal falling within paragraph (2), these Rules shall apply as if the Mayor were a statutory party.

Irvine of Lairg, C

17th June 2000

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules regulate the procedure to be followed for hearings in England caused by the Secretary of State to be held before he or an inspector determines appeals made to him in relation to planning permission, listed building consent and consent for the demolition of unlisted buildings in conservation areas ("conservation area consent") on or after 1st August 2000. The Rules come into force on 1st August 2000.

Rule 4 provides for the preliminary procedure to be followed, in particular the information to be provided by a local planning authority, on receipt by it of a notice that a hearing is to be held.

Rule 5 provides for notification of the name of the inspector where an appeal is to be determined by an inspector ("transferred appeal").

Rule 6 provides for the documents to be copied to the Secretary of State before a hearing and for the documents to be copied by him to the parties and to the inspector. It provides for the local planning authority to make documents available for public inspection. It also provides a discretion for the Secretary of State to disregard documents received after the required time periods.

Rule 7 provides for the date to be fixed for the hearing and notification of that date and rule 8 provides for an inquiry to be held instead of a hearing.

Rule 9 prescribes those entitled to appear at a hearing and rule 10 provides for an inspector, in a transferred appeal, to take steps in place of the Secretary of State.

Rule 11 provides for the procedure at a hearing and rule 12 makes provision for the hearing to be adjourned to the site or for site inspections.

Rules 13 and 14 provide, respectively, for the procedure after a hearing in respect of appeals to be determined by the Secretary of State (non-transferred appeals) and transferred appeals. They include a discretion for the Secretary of State or an inspector to disregard documents received after the close of a hearing.

Rules 15 and 16 provide, respectively, for the notification of decisions for non-transferred and transferred appeals.

Rule 17 provides for the procedure following quashing of a decision.

Rule 18 gives the Secretary of State a discretion to allow further time for the taking of any step and to request additional copies of documents or information sent to him before or during a hearing.

Rule 19 makes provision for service by post.

Rule 20 provides for modification of the Rules in respect of -

A Regulatory Impact Assessment has been prepared in relation to these Rules. It has been placed in the Library of each House of Parliament and copies may be obtained from PD3B, Department of the Environment, Transport and the Regions, Eland House, Bressenden Place, London SW1E 5DU, (Telephone 020 7944 3945).

Notes:

[1] 1992 c. 53, to which there are amendments not relevant to these Rules.back

[2] S.I. 2000/1624.back

[3] S.I. 2000/1625.back

[4] 1990 c. 9, Schedule 3 was amended by the Planning and Compensation Act 1991 (c. 34), section 25 and Schedule 3, part II, para 28 and by S.I. 1997/2971; there are also amendments not relevant to these Rules.back

[5] 1990 c. 8, section 78 was amended by the Planning and Compensation Act 1991 (c. 34), section 17(2). Schedule 6 was amended by the Planning and Compensation Act 1991 (c. 34), Sections 32 and 84(6) and Schedule 7, paras 8 and 54 and Schedule 19, Part I, the Tribunals and Inquiries Act 1992 (c. 53), section 18 and Schedule 3, para 28, the Environment Act 1995 (c. 25), Schedule 22, para 44, S.I. 1992/1630, S.I. 1992/1491 and S.I. 1997/2971. There are also amendments to the Act not relevant to these Rules.back

[6] S.I. 1995/419, to which there are amendments not relevant to these Rules.back

[7] S.I. 1990/1519; regulation 6 is modified where listed building consent or conservation area consent is required for the purposes of certain proposals included in an application under s.6 of the Transport and Works Act 1992 (c. 42) by S.I. 1992/3138; there are also amendments not relevant to these Rules.back

[8] S.I. 1997/420 prescribes the classes of appeal which are to be determined by persons appointed by the Secretary of State in accordance with these provisions.back

ISBN 0 11 099440 X

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Prepared 27 June 2000