Statutory Instruments
TRIBUNALS AND INQUIRIES, WALES
Made
8th May 2003
Laid before Parliament
9th May 2003
Coming into force
1st June 2003
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—
1.—(1) These Rules may be cited as the Town and Country Planning (Inquiries Procedure) (Wales) Rules 2003 and come into force on 1st June 2003.
(2) These Rules apply to Wales.
2. In these Rules—
“applicant”, in the case of an appeal, means the appellant;
“assessor” means a person appointed by the National Assembly to sit with an inspector at an inquiry or re-opened inquiry to advise the inspector on such matters arising as the National Assembly may specify;
“conservation area consent” has the meaning given in section 74(1) of the Listed Buildings Act;
“development order” has the meaning given in section 59 of the Planning Act;
“document” includes a photograph, map or plan;
“electronic communication” has the meaning assigned to that term by section 15(1) of the Electronic Communications Act 2000(2);
“inquiry” means a local inquiry in relation to which these Rules apply;
“inspector” means a person appointed by the National Assembly to hold an inquiry or a re-opened inquiry;
“land” means the land or building to which an inquiry relates;
“the Listed Buildings Act” means the Planning (Listed Buildings and Conservation Areas) Act 1990(3);
“listed building consent” has the meaning given in section 8(7) of the Listed Buildings Act;
“local planning authority” means in relation to—
a referred application, the body which would otherwise have dealt with the application;
an appeal, the body which was responsible for dealing with the application occasioning the appeal;
“the National Assembly” means the National Assembly for Wales;
“outline statement” means a written statement of the principal submissions which a person proposes to put forward at an inquiry;
“the Planning Act” means the Town and Country Planning Act 1990(4);
“pre-inquiry meeting” means a meeting held prior to 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;
“questionnaire” means a document in the form supplied by the National Assembly to local planning authorities for the purpose of proceedings under these Rules;
“referred application” means an application of any description mentioned in rule 3(1) which is referred to the National Assembly for determination;
“relevant notice” means the National Assembly’s written notice informing the applicant and the local planning authority that an inquiry is to be held;
“the 1992 Rules” means the Town and Country Planning (Inquiries Procedure) Rules 1992(5);
“starting date” means the date of the—
National Assembly’s written notice to the applicant and the local planning authority that it has received all the documents required to enable it to entertain the application or appeal; or
relevant notice,
whichever is the later;
“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;
“statement of common ground” means a written statement prepared jointly by the local planning authority and the applicant, which contains agreed factual information about the proposal which is the subject of the application or appeal;
“statutory party” means—
a person mentioned in paragraph (1)(b)(i) of article 19 of the Town and Country Planning (General Development Procedure) Order 1995(6) whose representations the National Assembly is required by paragraph (3) of that article to take into account in determining the referred application or appeal to which an inquiry relates; and, in the case of an appeal, such a person whose representations the local planning authority were required by paragraph (1) of that article to take into account in determining the application occasioning the appeal; and
a person whose representations the National Assembly is required by paragraphs (3)(b) and (5) of regulation 6 of the Planning (Listed Buildings and Conservation Areas) Regulations 1990(7) to take into account in determining the referred application or appeal to which an inquiry relates; and, in the case of an appeal, a person whose representations the local planning authority was required by paragraph (3)(b) of that regulation to take into account in determining the application occasioning the appeal.
3.—(1) These Rules apply in relation to any local inquiry caused by the National Assembly to be held in Wales before it determines—
(a)an application for planning permission referred to it under section 77, or an appeal to it under section 78 of the Planning Act (including an appeal made under section 78 as that section is applied to tree preservation orders(8));
(b)an application for listed building consent referred to it under section 12, or for variation or discharge of conditions referred to it under that section as applied by section 19, or an appeal to it under section 20, of the Listed Buildings Act;
(c)an application for conservation area consent referred to it under section 12 (including an application to which that section is applied by section 19), or an appeal to it under section 20, of the Listed Buildings Act as those sections are applied by section 74(3) of that Act; or
(d)an appeal against the service of a tree preservation enforcement notice under section 208 of the Planning Act,
but do not apply to any local inquiry 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 Appeals (Determination by Inspectors) (Inquiries Procedure) (Wales) Rules 2003(9) or Rules superseded by those Rules(10) any step taken or thing done under those Rules which could have been done under any corresponding provision of these Rules has effect as if it had been taken or done under that corresponding provision.
4.—(1) The local planning authority must, on receipt of the relevant notice, forthwith inform the National Assembly and the applicant in writing of the name and address of any statutory party who has made representations to the local planning authority; and the National Assembly must, as soon as practicable thereafter, inform the applicant and the local planning authority in writing of the name and address of any statutory party who has made representations to the National Assembly.
(2) This paragraph applies where—
(a)the National Assembly has given to the local planning authority a direction restricting the grant of planning permission for which application was made; or
(b)the National Assembly, any Minister of the Crown or government department, or any body falling within rule 11(1)(c), 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
(c)any person consulted in pursuance of a development order has made representations to the local planning authority about the application.
(3) Where paragraph (2) applies, the local planning authority must forthwith after the starting date inform the person concerned of the inquiry and, unless the person concerned has already done so, that person must thereupon give the local planning authority a written statement of the reasons for making the direction, expressing the view or making the representations, as the case may be.
(4) Subject to paragraph (5), the local planning authority must ensure that within 2 weeks of the starting date—
(a)the National Assembly and the applicant have received a completed questionnaire and a copy of each of the documents referred to in it;
(b)any—
(i)statutory party; and
(ii)other person who made representations to the local planning authority about the application occasioning the appeal,
has been notified that an appeal has been made and of the address to which, and of the period within which, that person may make representations to the National Assembly.
(5) The requirements of the previous paragraph do not apply in respect of referred applications.
5.—(1) The National Assembly must hold a pre-inquiry meeting—
(a)if it expects an inquiry to last for 8 days or more, unless it considers it is unnecessary;
(b)in respect of shorter inquiries, if it appears to it to be necessary.
(2) Where the National Assembly holds a pre-inquiry meeting the following provisions apply—
(a)the National Assembly must send with the relevant notice—
(i)notice of its intention to hold a pre-inquiry meeting;
(ii)a statement of the matters about which it particularly wishes to be informed for the purposes of its consideration of the application or appeal in question and, where a Minister of the Crown or a government department has expressed in writing to the National Assembly a view which is mentioned in rule 4(2)(b), the National Assembly must set this out in its statement;
(b)the National Assembly must send a copy of its statement described in the previous paragraph to the Minister or government department concerned;
(c)the local planning authority must publish in a newspaper circulating in the locality in which the land is situated a notice of the National Assembly’s intention to hold a pre-inquiry meeting and of the statement sent in accordance with paragraph (2)(a)(ii) above; and
(d)the applicant and the local planning authority must ensure that within 8 weeks of the starting date 2 copies of their outline statements have been received by the National Assembly.
(3) The National Assembly must, as soon as practicable after receipt, send a copy of the local planning authority’s outline statement to the applicant and a copy of the applicant’s outline statement to the local planning authority.
(4) Where rule 4(2) applies, the local planning authority must—
(a)include in its outline statement—
(i)the terms of any direction given together with a statement of the reasons for it; and
(ii)any view expressed or representation made on which it intends to rely in its submissions at the inquiry; and
(b)within the period mentioned in paragraph (2)(d), send a copy of its outline statement to the person concerned.
(5) The National Assembly may in writing require any other person who has notified it of an intention or a wish to take part in the inquiry to send an outline statement to it, to the applicant and to the local planning authority and that person must ensure that the statements are received by the National Assembly, the applicant and the local planning authority within 4 weeks of the date of the National Assembly’s written requirement.
(6) The pre-inquiry meeting (or, where there is more than one, the first pre-inquiry meeting) must be held within 16 weeks of the starting date.
(7) The National Assembly must give not less than 3 weeks' written notice of the pre-inquiry meeting to—
(a)the applicant;
(b)the local planning authority;
(c)any statutory party; and
(d)any other person whose presence at the pre-inquiry meeting appears to it to be desirable,
and the National Assembly may require the local planning authority to take, in relation to notification of the pre-inquiry meeting, one or more of the steps which the National Assembly may under rule 10(6) require the local planning authority to take in relation to notification of the inquiry.
(8) The inspector—
(a)is to preside at the pre-inquiry meeting;
(b)is to determine the matters to be discussed and the procedure to be followed;
(c)may require any person present at the pre-inquiry meeting who, in the inspector’s opinion, is behaving in a disruptive manner to leave; and
(d)may refuse to permit that person to return or to attend any further pre-inquiry meeting, or may permit that person to return or attend only on such conditions as the inspector may specify.
(9) Where a pre-inquiry meeting has been held pursuant to paragraph (1), the inspector may hold a further pre-inquiry meeting and must arrange for such notice to be given of a further pre-inquiry meeting as appears necessary; and paragraph (8) applies to such a pre-inquiry meeting.
(10) If the National Assembly requests any further information from the applicant or the local planning authority at the pre-inquiry meeting, the applicant or the local planning authority, as the case may be, must ensure that 2 copies of the information requested are received by the National Assembly, and a copy is received by any statutory party, within 4 weeks of the conclusion of the pre-inquiry meeting and the National Assembly must, as soon as practicable after receipt, send a copy of the further information received from the applicant to the local planning authority and a copy of the further information received from the local planning authority to the applicant.
6.—(1) The local planning authority must ensure that within—
(a)6 weeks of the starting date, or
(b)where a pre-inquiry meeting is held pursuant to rule 5, 4 weeks of the conclusion of that pre-inquiry meeting,
2 copies of its statement of case are received by the National Assembly and a copy of its statement of case is received by any statutory party.
(2) The local planning authority must—
(a)include in its statement of case—
(i)details of the time and place where the opportunity to inspect and take copies described in paragraph (13) below will be afforded; and
(ii)where rule 4(2) applies, the matters mentioned in rule 5(4)(a)(ii), unless it has already included these in an outline statement; and
(b)where rule 4(2) applies, within the period specified in paragraph (1) send a copy of its statement of case to the person concerned.
(3) The applicant must ensure that within—
(a)in the case of an appeal or a referred application where no pre-inquiry meeting is held pursuant to rule 5, 6 weeks of the starting date, or
(b)in any case where a pre-inquiry meeting is held pursuant to rule 5, 4 weeks of the conclusion of that pre-inquiry meeting,
2 copies of the applicant’s statement of case are received by the National Assembly and a copy of its statement of case is received by any statutory party.
(4) The National Assembly must, as soon as practicable after receipt, send a copy of the local planning authority’s statement of case to the applicant and a copy of the applicant’s statement of case to the local planning authority.
(5) The applicant 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 the other’s statement of case; and any such document, or relevant part, must be sent, as soon as practicable, to the party who required it.
(6) The National Assembly may in writing require any other person, who has notified it of an intention or wish to attend and take part in an inquiry, to send—
(a)3 copies of that person’s statement of case to it within 4 weeks of being so required; and
(b)a copy of that person’s statement of case to any statutory party,
and the National Assembly must, as soon as practicable after receipt, send a copy of each such statement of case to the local planning authority and to the applicant.
(7) The National Assembly must as soon as practicable—
(a)send to any person from whom it requires a statement of case in accordance with paragraph (6) a copy of the statements of case of the applicant and the local planning authority; and
(b)inform that person of the name and address of every person to whom that person’s statement of case is required to be sent.
(8) The National Assembly or the inspector may in writing require any person, who has sent to the National Assembly a statement of case in accordance with this rule, to provide such further information about the matters contained in the statement of case as it may specify and may specify the time within which the information must be received.
(9) A local planning authority or applicant required to provide further information must ensure that—
(a)2 copies of that information in writing are received by the National Assembly or, as the case may be, the inspector within the specified time; and
(b)a copy is received by any statutory party within the specified time,
and the National Assembly or, as the case may be, the inspector must, as soon as practicable after receipt, send a copy of the further information received from the local planning authority to the applicant and a copy of the further information received from the applicant to the local planning authority.
(10) Any other person required to provide further information must ensure that—
(a)3 copies of that information in writing are received by the National Assembly or, as the case may be, the inspector within the specified time; and
(b)a copy is received by any statutory party within the specified time,
and the National Assembly, or as the case may be the inspector, must, as soon as practicable after receipt, send a copy of the further information to the local planning authority and the applicant.
(11) Any person other than the applicant who sends a statement of case to the National Assembly must 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).
(12) Unless it has already done so, the National Assembly must within 12 weeks of the starting date send a written statement of the matters referred to in rule 5(2)(a)(ii) to—
(a)the applicant;
(b)the local planning authority;
(c)any statutory party; and
(d)any person from whom it has required a statement of case.
(13) The local planning authority must afford to any person who so requests a reasonable opportunity to inspect and, where practicable, take copies of—
(a)any statement of case, written comments, information or other document, a copy of which has been sent to the local planning authority in accordance with this rule; and
(b)the local planning authority’s completed questionnaire and statement of case together with a copy of any document, or of the relevant part of any document, referred to in the list comprised in that statement, and any written comments, information or other documents sent by the local planning authority pursuant to this rule.
(14) If the local planning authority or the applicant wish to comment on another person’s statement of case they must ensure that within 9 weeks of the starting date—
(a)2 copies of their written comments are received by the National Assembly; and
(b)a copy is received by any statutory party,
and the National Assembly must, as soon as practicable after receipt, send a copy of the written comments received from the applicant to the local planning authority and a copy of the written comments received from the local planning authority to the applicant.
(15) Any person who sends a statement of case to the National Assembly under this rule, and who wishes to comment on another person’s statement of case, must ensure that not less than 4 weeks before the date fixed for the holding of the inquiry—
(a)3 copies of that person’s written comments are received by the National Assembly; and
(b)a copy is received by any statutory party,
and the National Assembly must, as soon as practicable after receipt, send a copy of the written comments to the local planning authority and the applicant.
(16) The National Assembly must, as soon as practicable after receipt, send to the inspector any statement of case, document or further information or written comments sent to it in accordance with this rule and received by it within the relevant period, if any, specified in this rule.
7.—(1) Where no pre-inquiry meeting is held pursuant to rule 5, an inspector who thinks it necessary may hold one.
(2) An inspector must give not less than 2 weeks' written notice of a pre-inquiry meeting which the inspector proposes to hold under paragraph (1) to—
(a)the applicant;
(b)the local planning authority;
(c)any statutory party; and
(d)any other person whose presence at the pre-inquiry meeting appears to the inspector to be desirable.
(3) Rule 5(8) applies to a pre-inquiry meeting held under this rule.
8.—(1) The inspector must arrange a timetable for the proceedings at, or at part of, an inquiry where—
(a)a pre-inquiry meeting is held pursuant to rule 5; or
(b)it appears to the National Assembly likely that an inquiry will last for 8 days or more.
(2) The inspector may arrange a timetable for the proceedings at, or at part of, any other inquiry.
(3) The inspector may, at any time, vary the timetable arranged under the preceding paragraphs.
(4) The inspector may specify in a timetable arranged pursuant to this rule a date by which any written statement of evidence and summary sent in accordance with rule 13(1) must be received by the National Assembly.
9. Where the National Assembly appoints an assessor, it must notify every person entitled to take part in the inquiry of the name of the assessor and of the matters on which the assessor is to advise the inspector.
10.—(1) The date fixed by the National Assembly for the holding of an inquiry must, unless it considers such a date impracticable, be not later than—
(a)subject to paragraph (b), 22 weeks after the starting date; or
(b)in a case where a pre-inquiry meeting is held pursuant to rule 5, 8 weeks after the conclusion of that meeting.
(2) Where the National Assembly considers it impracticable to fix a date in accordance with paragraph (1), the date fixed must be the earliest date after the end of the relevant period mentioned in that paragraph which it considers to be practicable.
(3) Unless the National Assembly agrees a lesser period of notice with the applicant and the local planning authority, it must give not less than 4 weeks' written notice of the date, time and place fixed by it for the holding of an inquiry to every person entitled to take part in the inquiry.
(4) The National Assembly may vary the date fixed for the holding of an inquiry, whether or not the date as varied is within the relevant period mentioned in paragraph (1); and paragraph (3) applies to a variation of a date as it applies to the date originally fixed.
(5) The National Assembly may vary the time or place for the holding of an inquiry and must give such notice of any variation as appears to it to be reasonable.
(6) The National Assembly may in writing require the local planning authority to take one or more of the following steps—
(a)not less than 2 weeks before the date fixed for the holding of an inquiry, to publish a notice of the inquiry in one or more newspapers circulating in the locality in which the land is situated;
(b)to send a notice of the inquiry to such persons or classes of persons as it may specify, within such period as it may specify; or
(c)to post a notice of the inquiry in a conspicuous place near the land, within such period as it may specify.
(7) Where the land is under the control of the applicant, the applicant must—
(a)if so required in writing by the National Assembly, affix a notice of the inquiry firmly to the land or to some object on or near the land, in such manner as to be readily visible to and legible by members of the public; and
(b)not remove the notice, or cause or permit it to be removed, for such period before the inquiry as the National Assembly may specify.
(8) Every notice of inquiry published, sent or posted pursuant to paragraph (6), or affixed pursuant to paragraph (7), must contain—
(a)a clear statement of the date, time and place of the inquiry and of the powers enabling the National Assembly to determine the application or 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 application or appeal; and
(d)details of where and when copies of the local planning authority’s completed questionnaire and any documents sent by and copied to the authority pursuant to rule 6 may be inspected.
11.—(1) The persons entitled to take part in an inquiry are—
(a)the applicant;
(b)the local planning authority;
(c)any of the following bodies if the land is situated in their area and the body is not the local planning authority—
(i)a county or county borough council;
(ii)an enterprise zone authority designated under Schedule 32 to the Local Government, Planning and Land Act 1980(11);
(iii)a housing action trust specified in an order made under section 67(1) of the Housing Act 1988(12);
(d)where the land is in an area previously designated as a new town, the Commission for the New Towns;
(e)any statutory party;
(f)the council of the community in which the land is situated, if that council made representations to the local planning authority in respect of the application in pursuance of a provision of a development order;
(g)any other person who has sent a statement of case in accordance with rule 6(6) or who has sent an outline statement in accordance with rule 5(5).
(2) Nothing in paragraph (1) precludes the inspector from permitting any other person to take part in an inquiry; and such permission is not to be unreasonably withheld.
(3) Any persons entitled or permitted to take part may do so on their own behalf or be represented by any other person.
12.—(1) Where—
(a)the National Assembly has given a direction described in rule 4(2)(a); or
(b)the National Assembly, any Minister of the Crown or government department, or any body falling within rule 11(1)(c), has expressed a view described in rule 4(2)(b) and the local planning authority has included the terms of the expression of view in a statement sent in accordance with rule 5(2) or 6(1); or
(c)a Minister of the Crown or government department has expressed a view described in rule 4(2)(b) and the National Assembly has included its terms in a statement sent in accordance with rule 5(2) or 6(12),
the applicant, the local planning authority or a person entitled to take part in an inquiry may, not later than 4 weeks before the date of an inquiry, apply in writing to the National Assembly for a representative of the National Assembly or of the Minister, department or body concerned to be made available at the inquiry.
(2) Where an application is made in accordance with paragraph (1), the National Assembly must make a representative available to attend the inquiry or, as the case may be, send the application to the Minister, department or body concerned, who must make a representative available to attend the inquiry.
(3) Any person attending an inquiry as a representative in pursuance of this rule must state the reasons for the direction or expressed view and give evidence and will be subject to cross-examination to the same extent as any other witness.
(4) Nothing in paragraph (3) requires a representative of the National Assembly to answer any question which, in the opinion of the inspector, is directed to the merits of National Assembly policy or requires any Minister or government department to answer any question which, in the opinion of the inspector, is directed to the merits of government policy.
13.—(1) Any person entitled to take part in an inquiry, who proposes to give, or to call another person to give, evidence at the inquiry by reading a written statement, must—
(a)send 2 copies, in the case of the local planning authority and the applicant, or 3 copies in the case of any other person, of the statement together with a written summary, to the National Assembly; and
(b)simultaneously send one copy of those documents to any statutory party,
and the National Assembly must, as soon as practicable after receipt, send a copy of each written statement of evidence together with any summary to the local planning authority and the applicant.
(2) No written summary is required where the statement of evidence proposed to be read contains no more than 1500 words.
(3) The statement of evidence and any summary must be received by the National Assembly no later than—
(a)4 weeks before the date fixed for the holding of the inquiry; or
(b)where a timetable has been arranged pursuant to rule 8 which specifies a date by which the statement of evidence and any summary must be received by the National Assembly, that date.
(4) The National Assembly must send to the inspector, as soon as practicable after receipt, any statement of evidence together with any summary sent to it in accordance with this rule and received by it within the relevant period, if any, specified in this rule.
(5) Where a written summary is provided in accordance with paragraph (1), only that summary is to be read at the inquiry unless the inspector permits or requires otherwise.
(6) Any person, required by this rule to send copies of a statement of evidence to the National Assembly, must send with them the same number of copies of the whole, or the relevant part, of any document referred to in the statement, unless a copy of the document or part of the document in question is already available for inspection pursuant to rule 6(13).
(7) The local planning authority must afford to any person who so requests a reasonable opportunity to inspect and, where practicable, take copies of any document sent to or by it in accordance with this rule.
14.—(1) The local planning authority and the applicant must—
(a)together prepare an agreed statement of common ground; and
(b)ensure that the National Assembly receives it and that any statutory party receives a copy of it not less than 4 weeks before the date fixed for the holding of the inquiry.
(2) The local planning authority must afford to any person who so requests, a reasonable opportunity to inspect, and where practicable, take copies of the statement of common ground sent to the National Assembly.
15.—(1) Except as otherwise provided in these Rules, the inspector is to determine the procedure at an inquiry.
(2) At the start of the inquiry the inspector must identify what are, in the inspector’s opinion, the main issues to be considered at the inquiry and any matters on which the inspector requires further explanation from the persons entitled or permitted to take part.
(3) Nothing in paragraph (2) precludes any person entitled or permitted to take part from referring to issues which they consider relevant to the consideration of the application or appeal but which were not issues identified by the inspector pursuant to that paragraph.
(4) Unless in any particular case the inspector otherwise determines, the local planning authority is to begin and the appellant is to have the right of final reply; and the other persons entitled or permitted to take part are to be heard in such order as the inspector may determine.
(5) A person entitled to take part in an inquiry is entitled to call evidence and the applicant, the local planning authority and any statutory party are entitled to cross-examine persons giving evidence, but, subject to the foregoing and paragraphs (6) and (7), the calling of evidence and the cross-examination of persons giving evidence are otherwise at the discretion of the inspector.
(6) The inspector may refuse to permit the—
(a)giving or production of evidence;
(b)cross-examination of persons giving evidence; or
(c)presentation of any other matter,
which the inspector considers to be irrelevant or repetitious; but where the inspector refuses to permit the giving of oral evidence, the persons wishing to give the evidence may submit to the inspector any evidence or other matter in writing before the close of the inquiry.
(7) Where a person gives evidence at an inquiry by reading a summary of their statement of evidence in accordance with rule 13(5)—
(a)the statement of evidence referred to in rule 13(1) is to be treated as tendered in evidence unless the person required to provide the summary notifies the inspector of a wish to rely on the contents of that summary alone; and
(b)the person whose evidence the statement contains is to be subject to cross-examination on it to the same extent as if it were evidence which had been given orally.
(8) The inspector may direct that facilities be afforded to any person taking part in an inquiry to take or obtain copies of documentary evidence open to public inspection.
(9) The inspector may—
(a)require any person present at an inquiry who, in the inspector’s opinion, is behaving in a disruptive manner to leave; and
(b)refuse to permit that person to return; or
(c)permit that person to return only on such conditions as the inspector may specify,
but any such person may submit to the inspector any evidence or other matter in writing before the close of the inquiry.
(10) The inspector may allow any person to alter or add to a statement of case submitted by that person and received by the National Assembly or by the inspector under rule 6 so far as may be necessary for the purposes of the inquiry; but must (if necessary by adjourning the inquiry) give every other person entitled to, and who does, take part in the inquiry an adequate opportunity of considering any fresh matter or document.
(11) The inspector may proceed with an inquiry in the absence of any person entitled to take part in it.
(12) The inspector may take into account any written representation or evidence or any other document received by the inspector from any person before an inquiry opens or during the inquiry provided that the inspector discloses it at the inquiry.
(13) The inspector may from time to time adjourn an inquiry and, if the date, time and place of the adjourned inquiry are announced at the inquiry before the adjournment, no further notice is required.
(14) In respect of any inquiry which the National Assembly expects to last for 8 or more days, any person who takes part in the inquiry and who makes closing submissions must by the close of the inquiry provide the inspector with a copy of those closing submission in writing.
16.—(1) The inspector may make an unaccompanied inspection of the land before or during an inquiry without giving notice of the intention to do so to the persons entitled to take part in the inquiry.
(2) During an inquiry or after its close, the inspector—
(a)may inspect the land in the company of the applicant, the local planning authority and any statutory party; and
(b)must make such an inspection if so requested by the applicant or the local planning authority before or during an inquiry.
(3) In all cases where the inspector intends to make an accompanied site inspection the inspector must announce during the inquiry the date and time at which the inspector proposes to make it.
(4) The inspector is not bound to defer an inspection of the kind referred to in paragraph (2) where any person mentioned in that paragraph is not present at the time appointed.
17.—(1) After the close of an inquiry, the inspector must make a report in writing to the National Assembly which includes the inspector’s conclusions and recommendations (or the inspector’s reasons for not making any recommendations).
(2) Where an assessor has been appointed, the assessor may, after the close of the inquiry, make a report in writing to the inspector in respect of the matters on which the assessor was appointed to advise.
(3) Where an assessor makes a report in accordance with paragraph (2), the inspector must append it to the inspector’s own report and must state in that report how far the inspector agrees or disagrees with the assessor’s report and, where the inspector disagrees with the assessor, the reasons for that disagreement.
(4) When making its decision, the National Assembly may disregard any written representations, evidence or any other document received after the close of the inquiry.
(5) If, after the close of an inquiry, the National Assembly—
(a)differs from the inspector on any matter of fact mentioned in, or appearing to it 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 National Assembly policy),
and is for that reason disposed to disagree with a recommendation made by the inspector, the National Assembly must not come to a decision which is at variance with that recommendation without first notifying the applicant, the local planning authority and the persons entitled to, and who did, take part in the inquiry of its disagreement and the reasons for it; and affording them an opportunity of making written representations to the National Assembly or (if the National Assembly has taken into consideration any new evidence or new matter of fact, not being a matter of National Assembly policy) of asking for the re-opening of the inquiry.
(6) Those persons making written representations or requesting the inquiry to be re-opened under paragraph (5), must ensure that such representations or requests are received by the National Assembly within 3 weeks of the date of the National Assembly’s notification under that paragraph.
(7) The National Assembly may, as it thinks fit, cause an inquiry to be re-opened, and it must do so if asked by the applicant or the local planning authority in the circumstances mentioned in paragraph (5) and within the period mentioned in paragraph (6); and where an inquiry is re-opened (whether by the same or a different inspector)—
(a)the National Assembly must send to the persons entitled to, and who did, take part in the inquiry a written statement of the matters with respect to which further evidence is invited; and
(b)paragraphs (3) to (8) of rule 10 apply as if the references to an inquiry were references to a re-opened inquiry.
18.—(1) The National Assembly must, as soon as practicable, notify its decision on an application or appeal, and its reasons for it in writing to—
(a)the applicant and the local planning authority;
(b)all persons entitled to, and who did, take part in the inquiry; and
(c)any other person who, having taken part in the inquiry, has asked to be notified of the decision.
(2) Where a copy of the inspector’s report is not sent with the notification of the decision, the notification must be accompanied by a statement of the inspector’s conclusions and of any recommendations made by the inspector, and if a person entitled to be notified of the decision has not received a copy of that report, that person must be supplied with a copy of it on written application to the National Assembly.
(3) In this rule “report” includes any assessor’s report appended to the inspector’s report but does not include any other documents so appended; but any person who has received a copy of the report may apply to the National Assembly in writing, within 6 weeks of the date of the National Assembly’s decision, for an opportunity to inspect any such documents and the National Assembly must afford that person that opportunity.
(4) Any person applying to the National Assembly under paragraph (2) must ensure that the application is received by the National Assembly within 4 weeks of the National Assembly’s determination.
19.—(1) Where a decision of the National Assembly on an application or appeal in respect of which an inquiry has been held is quashed in proceedings before any court, the National Assembly—
(a)must send to the persons entitled to, and who did, take part in the inquiry a written statement of the matters with respect to which further representations are invited for the purposes of its further consideration of the application or appeal;
(b)must afford to those persons the opportunity of making written representations to it in respect of those matters or of asking for the re-opening of the inquiry; and
(c)may, as it thinks, cause the inquiry to be re-opened (whether by the same or a different inspector) and if it does so paragraphs (3) to (8) of rule 10 apply as if the references to an inquiry were references to a re-opened inquiry.
(2) Those persons making representations or asking for the inquiry to be re-opened under paragraph (1)(b) must ensure that such representations or requests are received by the National Assembly within 3 weeks of the date of the written statement sent under paragraph (1)(a).
20. The National Assembly 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 are to be construed accordingly.
21.—(1) The National Assembly may at any time before the close of an inquiry request from any person entitled to take part additional copies of the following—
(a)an outline statement sent in accordance with rule 5;
(b)a statement of case or comments sent in accordance with rule 6;
(c)a statement of evidence sent in accordance with rule 13;
(d)any other document or information sent to the National Assembly before or during an inquiry,
and may specify the time within which such copies must be received by it.
(2) Any person so requested must ensure that the copies are received by the National Assembly within the period specified.
22.—(1) Any document required or authorised to be sent by one person to another under these Rules may be sent by post or by means of electronic communication and any reference in these Rules, however expressed, to writing is to be construed as including a reference to a form capable of being stored on, transmitted to and from, and read by means of a computer.
(2) Where, under these Rules, there is a requirement that a copy of a statement, representation notice or other document should be sent by one person to another then, if that copy is sent by means of electronic communication, any further requirement that more than one copy should be sent is to be disregarded.
23.—(1) Subject to paragraph (2), the Town and Country Planning (Inquiries Procedure) Rules 1992(13) are hereby revoked in relation to Wales(14) (except rule 21 of those Rules so far as it makes provision for the continued application of the Town and Country Planning (Inquiries Procedure) Rules 1974(15)).
(2) Subject to paragraph (3), any application or appeal to which the 1992 Rules applied which has not been determined on the date when these Rules come into force is to be continued under the 1992 Rules.
(3) Where a decision of the National Assembly on an application or appeal to which the 1992 Rules applied is subsequently quashed in proceedings before any court, the decision is to be re-determined in accordance with these Rules and not the 1992 Rules.
Signed by authority of the Lord Chancellor
Rosie Winterton
Parliamentary Secretary,
Lord Chancellor’s Department
Dated 8th May 2003
(This note is not part of the Rules)
These Rules regulate the procedure to be followed in connection with local inquiries in Wales held by the National Assembly for Wales (“the National Assembly”) before it determines applications referred to it, or appeals made to it, on or after 1st June 2003 in relation to planning permission, listed building consent, consent for the demolition of unlisted buildings in conservation areas (“conservation area consent”), tree preservation order consents or tree preservation enforcement notices.
These Rules replace, in relation to Wales, the Town and Country Planning (Inquiries Procedure) Rules 1992 (“the 1992 Rules”), subject to the exceptions and transitional provisions contained in rule 23 of these Rules. The 1992 Rules were similarly revoked and replaced in relation to England by the Town and Country Planning (Inquiries Procedure) (England) Rules 2000 (S.I. 2000/1624).
The principal changes made by these Rules are that they are extended to cover appeals in relation to tree preservation order consents and against the service of tree preservation enforcement notices and:
Rule 4(4) requires local planning authorities to return their completed questionnaires to the National Assembly within 2 weeks of the starting date.
Rule 5 requires that pre-inquiry meetings are to be held for all inquiries which the National Assembly expects to last more than 8 days, unless it considers it unnecessary.
Rule 6 requires the applicant and the local planning authority to ensure that 2 copies of their statements of case have been received by the National Assembly within 6 weeks of the starting date. It provides for the documents to be copied by the National Assembly to the parties and to be sent to the inspector.
Rule 8 provides that the inspector will arrange a timetable, in respect of inquiries where a pre-inquiry meeting is held or which the National Assembly expects to last 8 days or more, and may vary the timetable.
Rule 13(4) provides for the statements of evidence to be sent by the National Assembly to the inspector.
Rule 14 requires the applicant and the local planning authority to prepare a statement of common ground and send it to the National Assembly and any statutory party 4 weeks before the inquiry.
Rule 15(2) provides that at the start of the inquiry the inspector will state what the inspector considers to be the main issues to be considered at the inquiry.
Rule 15(14) requires that in respect of any inquiry that the National Assembly expects to last 8 days or more, any parties who take part must provide a copy of their final submissions in writing.
Rule 17(4) enables the National Assembly to disregard any representations or evidence received after the close of the inquiry.
Rule 21 enables the National Assembly to request additional copies of documents.
Rule 22 authorises documents to be sent by post or by means of electronic communication.
There are also other minor and drafting amendments.
1992 c. 53, to which there are amendments not relevant to these Rules.
1990 c. 9, Schedule 3 was amended by the Planning and Compensation Act 1991 (c. 34), section 25 and Schedule 3, Part II, paragraph 28 and by S.I. 1997/2971. Section 12 was amended by section 17 of the Transport and Works Act 1992 (c. 42). There are other amendments not relevant to these Rules.
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), section 32 and 84(6) and Schedule 7 paragraphs 7 and 54 and Schedule 19, Part I, the Tribunal and Inquiries Act 1992 (c. 53), section 18 and Schedule 3, paragraph 28, the Environment Act 1995 (c. 25), Schedule 22, paragraph 44, S.I. 1992/1630, S.I. 1992/1491 and S.I. 1997/2971. There are also other amendments not relevant to these Rules.
S.I. 1992/2038, to which there are amendments not relevant to these Rules.
S.I. 1995/419, to which there are amendments not relevant to these Rules.
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 section 6 of the Transport and Works Act 1992 (c. 42) by S.I. 1992/3138. There are also other amendments not relevant to these Rules.
Section 78 is applied to tree preservation orders by The Town and Country Planning (Trees) Regulations 1999 (S.I. 1999/1892).
S.I. 2003/1267.
The Rules superseded are S.I. 1992/2039.
1980 c. 65, to which there are amendments not relevant to these Rules.
1988 c. 50; section 67(1) was amended by sections 3 and 4 of, and Schedule 1, Part I and Schedule 2, paragraph 79(3) to, the Planning (Consequential Provisions) Act 1990 (c. 11).
S.I. 1992/2038 to which there are amendments not relevant to these Rules.
The 1992 Rules were similarly revoked and replaced in relation to England by S.I. 2000/1624.
S.I. 1974/419.