The Town and Country Planning (Hearings and Inquiries Procedure) (England) (Amendment and Revocation) Rules 2015

• Citation: S.I. 2015/316
• Sections: 7

Section 1 Citation, commencement and application

(1) These Rules may be cited as the Town and Country Planning (Hearings and Inquiries Procedure) (England) (Amendment and Revocation) Rules 2015 and come into force on 6th April 2015.

(2) These Rules apply in relation to England only.

Section 2 Amendment of the Town and Country Planning (Inquiries Procedure) (England) Rules 2000

(1) The Town and Country Planning (Inquiries Procedure) (England) Rules 2000 are amended as follows.

(2) In rule 3 (application of rules), in paragraph (1)—

(a) in sub-paragraph (a) after “an appeal to him under section 78” insert “(including an appeal under section 78 as applied by regulations made under section 220)”; and

(b) omit the words from “but do not apply” to the end of that sentence.

Section 3 Amendment of the Town and Country Planning (Inquiries Procedure) (England) Rules 2000

In rule 3A (notice from the Secretary of State), in paragraph (1) after “section 78 of the Planning Act”, insert “(including an appeal under section 78 of the Planning Act as applied by regulations made under section 220 of that Act),”.

Section 4 Amendment of the Town and Country Planning (Inquiries Procedure) (England) Rules 2000

In rule 23B (modifications for most appeals)—

(a) at the end of paragraph (1)(a) add “or”;

(b) in paragraph (1)(b), after “the Listed Buildings Act” insert a full stop and omit “; or”;

(c) omit paragraph (1)(c); and

(d) in paragraph (2)—

(i) at the end of paragraph (2)(c) omit “or”;

(ii) at the end of paragraph (2)(d) omit the full-stop and add “; or”; and

(iii) after paragraph (2)(d) insert—

(e) in relation to any appeal made under section 78 of the Planning Act as applied by regulations made under section 220 of that Act.

Section 5 Amendment of the Town and Country Planning Appeals (Determination by Inspectors) (Inquiries Procedure) (England) Rules 2000

(1) The Town and Country Planning Appeals (Determination by Inspectors) (Inquiries Procedure) (England) Rules 2000 are amended as follows.

(2) In rule 3 (application of rules)—

(a) in paragraph (1) omit from “but do not apply” to the end of the sentence; and

(b) after paragraph (1) insert—

(1A) These Rules apply in relation to any local inquiry held in England by an inspector before he determines an appeal under section 78 of the Planning Act (as applied by regulations made under section 220 of that Act) subject to the modifications in rule 24A.

(3) In rule 3A (notice from the Secretary of State), in paragraph (1), after “section 78 of the Planning Act”, insert “(including an appeal under section 78 of the Planning Act as applied by regulations made under section 220 of that Act),”.

(4) After rule 24 (Mayor of London) insert—

Advertisement appeals

(24A)

(1) Where an inquiry is held into an appeal under section 78 of the Planning Act, as applied by regulations made under section 220 of that Act, these Rules shall apply, subject to the modifications in this rule.

(2) In rule 2 (interpretation), after the definition of “starting date”, insert—

“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;

(3) In rule 4(4) (preliminary information to be supplied by local planning authority) for “1 week” substitute “2 weeks”.

(4) In rule 6 (receipt of full statements of case etc)—

(a) in the heading, omit the word “full”;

(b) for “full statement of case” substitute “statement of case” wherever it appears;

(c) in paragraph (1) for “5 weeks” substitute “6 weeks”;

(d) for paragraph (3) substitute—

(3) The appellant shall ensure that, within 6 weeks of the starting date, 2 copies of their statement of case have been received by the Secretary of State and a copy has been received by any statutory party.

(e) in paragraph (4) after “to the appellant” insert “and a copy of the appellant’s statement of case to the local planning authority”;

(f) after paragraph (4) insert—

(5) The appellant and the local planning authority may in writing 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 their statement of case; and any such document or relevant part, shall be sent, as soon as practicable, to the party who required it.

(g) after paragraph (10), insert—

(11) Any person other than the appellant who sends a statement of case to the Secretary of State shall send with it a copy of—

(a) any document; or

(b) 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 (13).

(h) in paragraph (12) after “specified” insert “in this rule”; and

(i) in paragraph (13)(b) after “statement of case” insert “together with a copy of any document, or of the relevant part of any document referred to in the list comprised in that statement”.

(5) In rule 7 (statement of matters and pre-inquiry meetings) for “10 weeks” substitute “12 weeks”.

(6) In rule 10 (date and notification of inquiry)—

(a) in paragraph (1)(a) for “16 weeks” substitute “20 weeks”; and

(b) in paragraph (3) for “16 weeks” substitute “20 weeks”.

(7) In rule 15 (statement of common ground) in paragraph (1)(b) for “5 weeks” substitute “6 weeks”.

(8) In rule 24(2)(c) (Mayor of London: modifications to rule 6) —

(a) for paragraph (ii) substitute—

(ii) in paragraph (3) for “2” substitute “3”;

(b) in paragraph (iii) in the substituted paragraph (4)—

(i) in sub-paragraph (a) for “statement” substitute “statements” and after “of case of” insert “the appellant and”; and

(ii) in sub-paragraph (b) for “statement” substitute “statements” and after “of case of” insert “the appellant and”; and

(c) after paragraph (iii) insert—

(iiia) in paragraph (5) for “The appellant and the local planning authority may in writing each require the other” substitute “Any party required to provide a statement of case pursuant to paragraph (1) or (3) may in writing require any other party so required”;

Section 6 Amendment of the Town and Country Planning (Hearings Procedure) (England) Rules 2000

(1) The Town and Country Planning (Hearings Procedure) (England) Rules 2000 are amended as follows.

(2) In rule 3 (application of Rules)—

(a) in paragraph (1)(b), after “Listed Buildings Act”, insert a full-stop and omit from the semi-colon to “any other enactment”; and

(b) after paragraph (1) insert—

(1A) These Rules apply in relation to any hearing held in England for the purposes of a non-transferred or a transferred appeal under section 78 of the Planning Act (as applied by regulations made under section 220 of that Act) subject to the modifications in rule 20A.

(3) In rule 3A (notice from the Secretary of State), in paragraph (1), after “section 78 of the Planning Act”, insert “(including an appeal under section 78 of the Planning Act as applied by regulations made under section 220 of that Act)”.

(4) In rule 8 (method of procedure)—

(a) in paragraph (2), after “under section 78 of the Planning Act”, insert “(including an appeal under section 78 of the Planning Act as applied by regulations made under section 220 of that Act)”; and

(b) in paragraph (3), after “under section 78 of the Planning Act”, insert “(including an appeal under section 78 of the Planning Act as applied by regulations made under section 220 of that Act)”.

(5) After rule 20 (Mayor of London), add—

Advertisement appeals

(20A)

(1) Where a hearing is held into an appeal under section 78 of the Planning Act as applied by regulations made under section 220 of that Act, these Rules apply subject to the modifications in this rule.

(2) In rule 2 (interpretation), after the definition of “hearing”, insert—

“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 a list of any documents which that person intends to refer to or put in evidence;

(3) In rule 4(2) (preliminary information to be supplied by local planning authority) for “1 week” substitute “2 weeks”.

(4) In rule 6 (receipt of hearing statements etc)—

(a) in the heading, for “full statement of case” substitute “hearing statements”;

(b) for “full statement of case” substitute “hearing statement” wherever it appears;

(c) for paragraphs (1) and (1A) substitute—

(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.

(d) in paragraph (3) for “5 weeks” substitute “6 weeks”;

(e) in paragraph (5)(a) for “paragraph (1A)” substitute “paragraph (1)”; and

(f) in paragraph (7) for “paragraphs (1A) to (3)” substitute “paragraphs (1) to (3)”.

(5) Omit rule 6A (statement of common ground).

(6) In rule 7 (date and notification of hearing)—

(a) in paragraph (1)(a) for “10 weeks” substitute “12 weeks”; and

(b) in paragraph (3) for “10 weeks” substitute “12 weeks”.

(8) In rule 11(9) (procedure at hearing) for “full statement of case” substitute “hearing statement”.

(9) In rule 18(2)(a) (further time and additional copies) for “full statement of case” substitute “hearing statement”.

(10) In rule 20(2)(c) (Mayor of London: modifications to rule 6) , for paragraphs (i) and (ia) substitute—

(i) in paragraph (1), after “The appellant” insert “, the Mayor” and for “2” substitute “3”;

(11) Omit rule 20(2)(ca).

Section 7 Revocation, transitional and saving provisions

(1) Subject to paragraphs (2) and (3), the instruments specified in the first column of the table in the Schedule are revoked, in so far as they are still in force in relation to England, to the extent specified in the corresponding row of the third column of the table.

(2) Notwithstanding the revocations in paragraph (1), the 1974 Rules shall continue to apply to any advertisement appeal made before 6th April 2015 which has not been determined by that date.

(3) If, after 6th April 2015, a decision on an advertisement appeal made before 6th April 2015 is quashed in proceedings before any court, then instead of the 1974 Rules—

(a) where the decision quashed was of the Secretary of State on an appeal in respect of which an inquiry was held, rule 19 of the Town and Country Planning (Inquiries Procedure) (England) Rules 2000 applies;

(b) where the decision quashed was of an inspector on an appeal in respect of which an inquiry was held, rule 20 of the Town and Country Planning Appeals (Determination by Inspectors) (Inquiries Procedure) (England) Rules 2000 applies; or

(c) where the decision quashed was of the Secretary of State or an inspector on an appeal in respect of which a hearing was held, rule 17 of the Town and Country Planning (Hearings Procedure) (England) Rules 2000 applies.

(4) In this rule—

“advertisement appeal” means an appeal made under section 78 of the Town and Country Planning Act 1990 as applied by regulations made under section 220 of that Act;

“the 1974 Rules” means the Town and Country Planning (Inquiries Procedure) Rules 1974 .