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Planning and Compulsory Purchase Act 2004

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Changes over time for: Cross Heading: Procedure for examination

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Planning and Compulsory Purchase Act 2004, Cross Heading: Procedure for examination is up to date with all changes known to be in force on or before 22 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Changes and effects yet to be applied to Schedule A2 Crossheading Procedure-for-examination:

  • specified provision(s) amendment to earlier commencing SI 2006/1061 art. 4 by S.I. 2010/321 art. 3
  • specified provision(s) amendment to earlier commencing SI 2007/1369 art. 3 by S.I. 2010/321 art. 4

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

[F1Procedure for examinationE+W

Textual Amendments

F1Sch. A2 inserted (27.4.2017 for specified purposes; 31.1.2018 in so far as not already in force) by Neighbourhood Planning Act 2017 (c. 20), s. 46(3), Sch. 1; S.I. 2018/38, reg. 3(b)

12(1)The general rule is that the examination of the issues by the examiner under paragraph 10 or 11 is to take the form of the consideration of written representations.E+W

(2)But the examiner must cause a hearing to be held for the purpose of receiving oral representations about a particular issue at the hearing—

(a)in any case where the examiner considers that there are exceptional reasons for doing so, or

(b)in such other cases as may be prescribed.

(3)The following persons are entitled to make oral representations about the issue at the hearing—

(a)the qualifying body,

(b)the local planning authority, and

(c)such other persons as may be prescribed.

(4)The hearing must be in public.

(5)It is for the examiner to decide how the hearing is to be conducted, including—

(a)whether a person making oral representations may be questioned by another person and, if so, the matters to which the questioning may relate, and

(b)the amount of time for the making of a person's oral representations or for any questioning by another person.

(6)In making decisions about the questioning of a person's oral representations by another, the examiner must apply the principle that the questioning should be done by the examiner except where the examiner considers that questioning by another is necessary to ensure—

(a)adequate examination of a particular issue, or

(b)a person has a fair chance to put a case.

(7)Sub-paragraph (5) is subject to regulations under paragraph 15.]

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