The Town and Country Planning (Enforcement) (Determination by Inspectors) (Inquiries Procedure) (Wales) Rules 2003

Procedure after inquiry

19.—(1) Where an assessor has been appointed, the assessor may, after the close of the inquiry make a report in writing to the inspector in respect of the matters on which the assessor was appointed to advise; and, where the assessor does so, the inspector must state in the inspector’s notification of decision pursuant to rule 20 that such a report was made.

(2) When making their decision, the inspector may disregard any written representations or evidence or any other document received after the close of the inquiry.

(3) If, after the close of the inquiry, an inspector proposes to take into consideration any new evidence or any new matter of fact (not being a matter of National Assembly policy) which was not raised at the inquiry and which the inspector considers to be material to the decision, the inspector must not come to a decision without first—

(a) notifying the persons entitled to, and who did, take part in the inquiry of the matter in question; and

(b) giving them an opportunity of making written representations to the inspector or of asking for the re-opening of the inquiry,

and they must send such written representations or request to re-open the inquiry to the National Assembly so as to be received within 3 weeks of the date of the notification.

(4) An inspector may, as the inspector thinks fit, cause an inquiry to be re-opened, and must do so if asked by the appellant or the local planning authority in the circumstances and within the period mentioned in paragraph (3); and where an inquiry is re-opened—

(a) the inspector must send to the persons entitled to, and who did, take part in the inquiry a written statement of the matters with respect to which further evidence is invited; and

(b) paragraphs (2) to (7) of rule 9 apply as if references to an inquiry were references to a re-opened inquiry.