Part XV Miscellaneous and General Provisions
Local inquiries and other hearings
C2320 Local inquiries. C1
1
The Secretary of State may cause a local inquiry to be held for the purposes of the exercise of any of his functions under any of the provisions of this Act.
2
Subsections (2) to (5) of section 250 of the M1Local Government Act 1972 (local inquiries: evidence and costs) apply to an inquiry held by virtue of this section.
C3321 Planning inquiries to be held in public subject to certain exceptions.
1
This section applies to any inquiry held under section 320(1), paragraph 6 of Schedule 6 or paragraph 5 of Schedule 8.
2
Subject to subsection (3), at any such inquiry oral evidence shall be heard in public and documentary evidence shall be open to public inspection.
3
If the Secretary of State is satisfied in the case of any such inquiry—
a
that giving evidence of a particular description or, as the case may be, making it available for inspection would be likely to result in the disclosure of information as to any of the matters mentioned in subsection (4); and
b
that the public disclosure of that information would be contrary to the national interest,
he may direct that evidence of the description indicated in the direction shall only be heard or, as the case may be, open to inspection at that inquiry by such persons or persons of such descriptions as he may specify in the direction.
4
The matters referred to in subsection (3)(a) are—
a
national security; and
b
the measures taken or to be taken to ensure the security of any premises or property.
F15
If the Secretary of State is considering giving a direction under subsection (3) the Attorney General may appoint a person to represent the interests of any person who will be prevented from hearing or inspecting any evidence at a local inquiry if the direction is given.
6
If before the Secretary of State gives a direction under subsection (3) no person is appointed under subsection (5), the Attorney General may at any time appoint a person as mentioned in subsection (5) for the purposes of the inquiry.
7
The Lord Chancellor may by rules make provision—
a
as to the procedure to be followed by the Secretary of State before he gives a direction under subsection (3) in a case where a person has been appointed under subsection (5);
b
as to the functions of a person appointed under subsection (5) or (6).
8
Rules made under subsection (7) must be contained in a statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
9
If a person is appointed under subsection (5) or (6) (the appointed representative) the Secretary of State may direct any person who he thinks is interested in the inquiry in relation to a matter mentioned in subsection (4) (the responsible person) to pay the fees and expenses of the appointed representative.
10
If the appointed representative and the responsible person are unable to agree the amount of the fees and expenses, the amount must be determined by the Secretary of State.
11
The Secretary of State must cause the amount agreed between the appointed representative and the responsible person or determined by him to be certified.
12
An amount so certified is recoverable from the responsible person as a civil debt.
321AF13Appointed representative: no inquiry
1
This section applies if—
a
a person is appointed under subsection (5) or (6) of section 321, but
b
no inquiry is held as mentioned in subsection (1) of that section.
2
Subsections (9) to (12) of section 321 apply in respect of the fees and expenses of the person appointed as if the inquiry had been held.
3
For the purposes of subsection (2) the responsible person is the person to whom the Secretary of State thinks he would have given a direction under section 321(9) if an inquiry had been held.
4
This section does not affect section 322A.
321BF14Special provision in relation to planning inquiries: Wales
1
This section applies if the matter in respect of which a local inquiry to which section 321 applies is to be held relates to Wales.
2
The references in section 321(5) and (6) to the Attorney General must be read as references to the Counsel General to the F2Welsh Assembly Government .
3
The Assembly may by regulations make provision as mentioned in section 321(7) in connection with a local inquiry to which this section applies.
4
If the Assembly acts under subsection (3) rules made by the Lord Chancellor under section 321(7) do not have effect in relation to the inquiry.
5
F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
Section 333(3) does not apply to regulations made under subsection (4).
C4F4I1322 Orders as to costs of parties where no local inquiry held.
1
This section applies to proceedings under this Act where the Secretary of State is required, before reaching a decision, to give any person an opportunity of appearing before and being heard by a person appointed by him.
F51A
This section also applies to proceedings under this Act to which section 319A applies.
2
The Secretary of State has the same power to make orders under section 250(5) of the M2Local Government Act 1972 (orders with respect to the costs of the parties) in relation to proceedings to which this section applies which do not give rise to a local inquiry as he has in relation to a local inquiry.
C11C10C5C6C7C10322A F6Orders as to costs: supplementary.
1
This section applies where—
a
for the purposes of any proceedings under this Act—
i
the Secretary of State is required, before a decision is reached, to give any person an opportunity, or ask any person whether he wishes, to appear before and be heard by a person appointed by him; and
ii
arrangements are made for a local inquiry or hearing to be held;
b
the inquiry or hearing does not take place; and
c
if it had taken place, the Secretary of State or a person appointed by him would have had power to make an order under section 250(5) of the M3Local Government Act 1972 requiring any party to pay any costs of any other party.
F71A
This section also applies where—
a
arrangements are made for a local inquiry or a hearing to be held pursuant to a determination under section 319A;
b
the inquiry or hearing does not take place; and
c
if it had taken place, the Secretary of State or a person appointed by the Secretary of State would have had power to make an order under section 250(5) of the Local Government Act 1972 requiring any party to pay any costs of any other party.
2
Where this section applies the power to make such an order may be exercised, in relation to costs incurred for the purposes of the inquiry or hearing, as if it had taken place.
322BF8 Local inquiries in London: special provision as to costs in certain cases.
1
This section applies where—
a
the local planning authority for a London borough refuse an application for planning permission,
b
that refusal is in compliance with a direction made by the Mayor of London in accordance with provision made in a development order by virtue of section 74(1B)(a), and
c
an appeal against the refusal is made to the Secretary of State under section 78.
2
If the Secretary of State causes a local inquiry to be held under section 320(1) to determine the appeal, in its application to the inquiry section 250 of the 1972 Act shall be treated as if—
a
for subsection (4) there were substituted the subsection set out at subsection (5) below, and
b
for subsection (5) there were substituted the subsection set out at subsection (6) below.
3
If the appeal does not give rise to a local inquiry under section 320, in the application of section 322(2) in relation to the appeal the reference to section 250(5) of the 1972 Act shall be treated as if it were a reference to that provision as modified by subsection (2)(b) above.
4
If arrangements are made for a local inquiry in relation to the appeal and the inquiry does not take place, in the application of section 322A in relation to the appeal the reference to section 250(5) of the 1972 Act shall be treated as if it were a reference to that provision as modified by subsection (2)(b) above.
5
The subsection referred to in subsection (2)(a) above is as follows—
“
Where this subsection applies to an inquiry, the costs incurred by the Secretary of State in relation to the inquiry shall be paid—
a
by the Mayor of London, if he is not a party to the inquiry and if the Secretary of State decides that the Mayor acted unreasonably in making the direction in accordance with which the local planning authority refused the planning permission, or
b
if the Mayor is a party or if the Secretary of State does not so decide, by such local authority or party to the inquiry as he may direct;
and the Secretary of State may cause the amount of the costs so incurred to be certified, and any amount so certified and directed to be paid by the Mayor or by any authority or person shall be recoverable from the Mayor or from that authority or person by the Secretary of State summarily as a civil debt. ”
6
The subsection referred to in subsection (2)(b) above is as follows—
“
Where this subsection applies to an inquiry, or to costs incurred for the purposes of an inquiry, the Secretary of State may make orders as to the costs of the parties to the inquiry and as to the parties by whom the costs are to be paid; and—
a
the parties by whom the costs are ordered to be paid may include the Mayor of London if he is not a party to the inquiry and if the Secretary of State decides that the Mayor acted unreasonably in making the direction in accordance with which the local planning authority refused the planning permission;
b
every such order may be made a rule of the High Court on the application of any party named in the order. ”
7
In this section “the 1972 Act” means the Local Government Act 1972.
C9323 Procedure on certain appeals and applications. C8
1
The Secretary of State may by regulations prescribe the procedure to be followed in connection with proceedings under this Act where he is required, before reaching a decision, to give any person an opportunity of appearing before and being heard by a person appointed by him and which are to be disposed of without an inquiry or hearing to which rules under F9section 9 of the Tribunals and Inquiries Act 1992 apply.
F101A
The Secretary of State may by regulations prescribe the procedure to be followed in connection with proceedings under this Act which, pursuant to a determination under section 319A, are to be considered on the basis of representations in writing.
2
F11Regulations under this section may in particular make provision as to the procedure to be followed—
a
where steps have been taken with a view to the holding of F12an inquiry or hearing to which rules under section 9 of the Tribunals and Inquiries Act 1992 would apply which does not take place, or
b
where steps have been taken with a view to the determination of any matter by a person appointed by the Secretary of State and the proceedings are the subject of a direction that the matter shall instead be determined by the Secretary of State, or
c
where steps have been taken in pursuance of such a direction and a further direction is made revoking that direction,
and may provide that such steps shall be treated as compliance, in whole or in part, with the requirements of the regulations.
3
F11Regulations under this section may also—
a
provide for a time limit within which any party to the proceedings must submit representations in writing and any supporting documents;
b
prescribe the time limit (which may be different for different classes of proceedings) or enable the Secretary of State to give directions setting the time limit in a particular case or class of case;
c
empower the Secretary of State to proceed to a decision taking into account only such written representations and supporting documents as were submitted within the time limit; and
d
empower the Secretary of State, after giving the parties written notice of his intention to do so, to proceed to a decision notwithstanding that no written representations were made within the time limit, if it appears to him that he has sufficient material before him to enable him to reach a decision on the merits of the case.