Search Legislation

The Town and Country Planning (Enforcement) (Hearings Procedure) (Wales) Rules 2003

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As made)
 Help about opening options

Opening Options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

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 must make a report in writing to the National Assembly which must include the inspector’s findings of fact, conclusions and recommendations or the inspector’s reasons for not making any recommendations.

(3) When making its determination, the National Assembly may disregard any written representations, evidence or other document received after the hearing has closed.

(4) If, after the close of the hearing, 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, it must not come to a decision which is at variance with that recommendation without first notifying the persons entitled to, and who did, take part in the hearing of its disagreement and the reasons for it.

(5) Where persons entitled to, and who did, take part in the hearing are notified pursuant to paragraph (4), the National Assembly must give them an opportunity to make written representations to it 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) to ask for the re-opening of the hearing.

(6) Those making written representations or requesting the hearing to be re-opened pursuant to 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 a hearing to be re-opened, and it must do so if asked by the appellant or the local planning authority in the circumstances mentioned in paragraph (5) and within the period mentioned in paragraph (6).

(8) Where a hearing is re-opened pursuant to paragraph (7) (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 hearing a written statement of the matters on which further evidence is invited; and

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

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources