The Town and Country Planning (Amendment of Appeals Procedures) (Wales) Rules 2007

Amendment of the Town and Country Planning (Determination by Inspectors) (Inquiries Procedure) (Wales) Rules 2003

3.  The Town and Country Planning (Determination by Inspectors) (Inquiries Procedure) (Wales) Rules 2003(1) are amended as follows—

(a) in rule 2 (interpretation), for the definition of “starting date” substitute—

““starting date” means the date of the notice given by the Welsh Ministers under rule 3A or the date of the relevant notice, whichever is the later;”;

(b) after rule 3 (application of these Rules), insert—

“3A.   When the Welsh Ministers have received all the documents they require to enable them to entertain the appeal, they must, as soon as practicable thereafter, give written notice of that fact to the local planning authority and the appellant.”;

(c) in rule 4, before paragraph (1) (preliminary information to be supplied by the local planning authority) insert—

“(A) Where the Welsh Ministers propose to determine the appeal by holding an inquiry, they must send a copy of the relevant notice to the local planning authority and the appellant.”; and

(d) in rule 6 (receipt of statements of case etc)—

(i) for paragraph (6) substitute—

“(6) The Welsh Ministers may, in writing, require any other person, who has notified them of an intention or wish to attend and take part at an inquiry, to send—

(a) 3 copies of that person’s statement of case to the Welsh Ministers; and

(b) a copy of that person’s statement of case to any statutory party,

so as to be received within 4 weeks of being so required; and the Welsh Ministers must, as soon as practicable after receipt, send a copy of each such statement of case to the local planning authority and to the appellant.”, and

(ii) in paragraph (14), after “starting date” add “or, where a pre-inquiry meeting has been held, within 7 weeks of the conclusion of that meeting”.

(1)

S.I. 2003/1267.