[F1Procedure and report after a hearing: determination by an appointed personE+W
28A.—(1) This regulation applies where the function of determining the application is to be exercised by an appointed person.
(2) After the close of the hearing—
(a)the assessor (if one is appointed) may make a report in writing to the appointed person in respect of the matters on which the assessor was appointed to assist;
(b)the appointed person must make a report in writing which must include the appointed person’s conclusions and determination.
(3) Where an assessor makes a report in accordance with paragraph (2)(a), the appointed person must—
(a)append it to their report; and
(b)state in that report how far the appointed person agrees or disagrees with the assessor’s report and, where the appointed person disagrees with the assessor, the reasons for that disagreement.
(4) When making the determination, the appointed person may disregard any written representations or other document received after the hearing has closed.
(5) If, after the close of the hearing, the appointed person proposes to take into consideration any new evidence or any new matter of fact (not being a matter of policy) which was not raised at the hearing and which the appointed person considers to be material to the determination, the appointed person must not come to a determination without first—
(a)notifying the applicant, the local planning authority and those persons who submitted written representations and took part in the hearing; and
(b)affording them an opportunity of making written representations.
(6) Those making written representations must ensure that such representations are received by the appointed person within the period stated in the appointed person’s notification under paragraph (5)(a).
(7) The appointed person may cause a hearing to be re-opened as the person thinks fit.
(8) Where a hearing is re-opened (whether by the same or a different appointed person)—
(a)the appointed person must send to the applicant, the local planning authority and persons who submitted written representations or who took part in the hearing, a written statement of the matters with respect to which further representations are invited for the purposes of the appointed person’s further consideration of the application; and
(b)regulation 26 applies as if the references to a hearing were references to a re-opened hearing.
(9) Regulation 15(2) to (6) apply to any evidence or representation in writing submitted to the appointed person in accordance with paragraph (6) of this regulation, as if references to the Welsh Ministers were to the appointed person.
(10) Regulation 29(b) is to be read as if reference to the period allowed in accordance with regulation 28(6) is reference to the period allowed in accordance with regulation 28A(6).]
Textual Amendments