The Town and Country Planning (Inquiries Procedure) Rules 1992

Interpretation

2.  In these Rules, unless the context otherwise requires—

• “applicant”, in the case of an appeal, means the appellant;

• “assessor” means a person appointed by the Secretary of State to sit with an inspector at an inquiry or re-opened inquiry to advise the inspector on such matters arising as the Secretary of State may specify;

• “the Commission” means the Historic Buildings and Monuments Commission for England;

• “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;

• “inquiry” means a local inquiry in relation to which these Rules apply;

• “inspector” means a person appointed by the Secretary of State to hold an inquiry or a re-opened inquiry;

• “land” means the land, tree or building to which an inquiry relates;

• “the Listed Buildings Act” means the Planning (Listed Buildings and Conservation Areas) Act 1990(1);

• “listed building consent” has the meaning given in section 8(7) of the Listed Buildings Act;

• “local planning authority” means—

  (i)

  in relation to a referred application, the body who would otherwise have dealt with the application;

  (ii)

  in relation to an appeal, the body who were responsible for dealing with the application occasioning the appeal;

• “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(2);

• “pre-inquiry meeting” means a meeting held before 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;

• “referred application” means an application of any description mentioned in rule 3(1) which is referred to the Secretary of State for determination;

• “relevant date” means the date of the Secretary of State’s written notice to the applicant and the local planning authority of his intention to cause an inquiry to be held, and “relevant notice” means that notice;

• “the 1988 Rules” means the Town and Country Planning (Inquiries Procedure) Rules 1988(3);

• “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;

• “statutory party” means—

  (a)

  a person mentioned in paragraph (1)(b)(i) of article 22A of the Town and Country Planning General Development Order 1988(4) whose representa tions the Secretary of State 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

  (b)

  a person whose representations the Secretary of State is required by paragraphs (3)(b) and (5) of regulation 6 of the Planning (Listed Buildings and Conservation Areas) Regulations 1990(5) 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 were required by paragraph (3)(b) of that regulation to take into account in determining the application occasioning the appeal.

• “tree preservation order”has the meaning given in section 198 of the Planning Act.

(1)

1990 c. 9.

(2)

1990 c. 8.

(3)

S.I. 1988/944.

(4)

S.I. 1988/1813. Article 22A was inserted by article 6 of S.I. 1992/1493. There are other amendments not relevant to these Rules.

(5)

S.I. 1990/1519.