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

Explanatory Note

(This note does not form part of the Rules)

These Rules regulate the procedure to be followed in Wales for hearings caused by the National Assembly for Wales (“the National Assembly”) to be held by a person appointed by it (an “inspector”), before it, or the inspector, determines an application made on or after 1st June 2003 in relation to an application for planning permission or listed buildings consent which has been referred to the National Assembly or an appeal brought on or after that date in relation to planning permission, listed building consent, consent for the demolition of unlisted buildings in conservation areas (“conservation area consent”), tree preservation enforcement notices or tree preservation order consents.

These Rules come into force on 1st June 2003.

Rule 4 provides for the preliminary procedure to be followed and, in particular, the information to be provided by a local planning authority, on receipt by it of a notice that a hearing is to be held.

Rule 5 provides for notification of the name of the inspector where an appeal is to be determined by that person (referred to in these Rules as a “transferred appeal”).

Rule 6 provides for the documents to be copied to the National Assembly before a hearing and for the documents to be copied by it to the parties and to the inspector. It provides for the local planning authority to make documents available for public inspection. It also provides a discretion for the National Assembly to disregard documents received after the required time periods.

Rule 7 provides for the date to be fixed for the hearing and notification of that date and rule 8 provides for an inquiry to be held instead of a hearing.

Rule 9 prescribes those entitled to take part in a hearing and rule 10 provides for an inspector, in a transferred appeal, to take steps in place of the National Assembly.

Rule 11 provides for the procedure at a hearing and rule 12 makes provision for the hearing to be adjourned to the site and for site inspections.

Rules 13 and 14 provide, respectively, for the procedure after a hearing in respect of appeals to be determined by the National Assembly (non-transferred appeals) or by the inspector (transferred appeals). They include a discretion for the National Assembly or an inspector to disregard documents received after the close of a hearing.

Rules 15 and 16 provide, respectively, for the notification of decisions for non-transferred and transferred appeals.

Rule 17 provides for the procedure following quashing of a decision.

Rule 18 gives the National Assembly a discretion to allow further time for the taking of any step and to request additional copies of documents or information sent to it before or during a hearing.

Rule 19 authorises documents to be sent by post or by means of electronic communication.