Town and Country Planning Act 1990

42 Objections: local inquiry or other hearing. E+W

[F1 (1) Where any objections have been made, in accordance with the regulations, to proposals for a local plan or for its alteration or replacement copies of which have been made available for inspection under section 40(2), the local planning authority shall cause a local inquiry or other hearing to be held for the purpose of considering the objections.

(2) The local planning authority may cause a local inquiry or other hearing to be held for the purpose of considering any other objections to the proposals.

(2A) No local inquiry or other hearing need be held under this section if all persons who have made objections have indicated in writing that they do not wish to appear.]

(3) A local inquiry or other hearing shall be held by a person appointed by the Secretary of State or, in such cases as may be prescribed, by the authority themselves.

(4) Regulations may—

(a) make provision with respect to the appointment, and qualifications for appointment, of persons to hold a local inquiry or other hearing;

(b) include provision enabling the Secretary of State to direct a local planning authority to appoint a particular person, or one of a specified list or class of persons;

(c) make provision with respect to the remuneration and allowances of the person appointed.

(5) Subsections (2) and (3) of section 250 of the M1 Local Government Act 1972 (power to summon and examine witnesses) apply to an inquiry held under this section.

(6) The M2 Tribunals and Inquiries Act [F2 1992]shall apply to a local inquiry or other hearing held under this section as it applies to a statutory inquiry held by the Secretary of State, but as if in [F3 section 10(1)] of that Act (statement of reasons for decisions) the reference to any decision taken by the Secretary of State were a reference to a decision taken by a local authority.

Textual Amendments

F1 S. 42(1)-(2A) substituted (25.11.1991 for certain purposes and otherwise 10.2.1992) for s. 42(1)(2) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 27, Sch. 4 para. 18; S.I. 1991/2728, art. 2; S.I. 1991/2905, art. 4

F2 Word in s. 42(6) substituted (1.10.1992) by Tribunal and Inquiries Act 1992 (c. 53), ss. 18(1), 19(2), Sch. 3 para. 24(a)

F3 Words in s. 42(6) substituted (1.10.1992) by Tribunal and Inquiries Act 1992 (c. 53), ss. 18(1), 19(2), Sch. 3 para. 24(b)

Marginal Citations

M1 1972 c. 70.

M2 1992 c. 53.