Town and Country Planning Act 1990

Local inquiries and hearings E+W

6 (1) Whether or not the parties to an appeal have asked for an opportunity to appear and be heard, an appointed person— E+W

(a) may hold a local inquiry in connection with the appeal; and

(b) shall do so if the Secretary of State so directs.

[F1 (1A) Sub-paragraph (1) does not apply in the case of an appeal to which section 319A applies; but an appointed person may hold a hearing or local inquiry in connection with such an appeal pursuant to a determination under that section.]

[F2 (1B) Sub-paragraph (1) does not apply in the case of an appeal to which section 319B applies; but an appointed person may hold a hearing or local inquiry in connection with such an appeal pursuant to a determination under that section.]

(2) Where an appointed person—

(a) holds a hearing by virtue of paragraph 2(4) [F3 or this paragraph]; or

(b) holds an inquiry by virtue of this paragraph,

an assessor may be appointed by the Secretary of State to sit with the appointed person at the hearing or inquiry to advise him on any matters arising, notwithstanding that the appointed person is to determine the appeal.

(3) Subject to sub-paragraph (4), the costs of any such hearing or inquiry shall be defrayed by the Secretary of State.

(4) Subsections (2) to (5) of section 250 of the M1 Local Government Act 1972 (local inquiries: evidence and costs) apply to an inquiry held under this paragraph [F4 in England] with the following adaptations—

(a) with the substitution in subsection (4) (recovery of costs of holding the inquiry) for the references to the Minister causing the inquiry to be held of references to the Secretary of State; and

(b) with the substitution in subsection (5) (orders as to the costs of the parties) for the reference to the Minister causing the inquiry to be held of a reference to the appointed person or the Secretary of State.

[F5 (4A) Subsections (2) and (3) of that section apply to an inquiry held under this paragraph in Wales.]

[F6 (5) The appointed person or the Secretary of State has the same power to make orders under section 250(5) of that Act (orders with respect to costs of the parties) in relation to proceedings [F7 in England] under this Schedule which do not give rise to an inquiry as he has in relation to such an inquiry].

Textual Amendments

F1 Sch. 6 para. 6(1A) inserted (6.4.2009 for certain purposes) by Planning Act 2008 (c. 29), ss. 196, 241, Sch. 10 para. 14(6) (with s. 226); S.I. 2009/400, art. 3

F2 Sch. 6 para. 6(1B) inserted (11.11.2014) by The Town and Country Planning (Determination of Procedure) (Wales) Order 2014 (S.I. 2014/2773), art. 1(2), Sch. 1 para. 13(4)(a)

F3 Words in Sch. 6 para. 6(2)(a) inserted (6.4.2009 for certain purposes) by Planning Act 2008 (c. 29), ss. 196, 241, Sch. 10 para. 14(7) (with s. 226); S.I. 2009/400, art. 3; and as amended by The Town and Country Planning (Determination of Procedure) (Wales) Order 2014 (S.I. 2014/2773), art. 1(2), Sch. 1 para. 13(4)(b)

F4 Words in Sch. 6 para. 6(4) inserted (6.9.2015 for specified purposes, 1.3.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 5 para. 16(2)(a); S.I. 2016/52, art. 4(b) (with art. 17)

F5 Sch. 6 para. 6(4A) inserted (6.9.2015 for specified purposes, 1.3.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 5 para. 16(2)(b); S.I. 2016/52, art. 4(b) (with art. 17)

F6 Sch. 6 para. 6(5) omitted (temp.) by virtue of Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 6, Sch. 4 paras. 1, 7 (which temp. omission falls (2.1.1992 and 6.4.2009) for specified purposes only by virtue of S.I. 1991/2698, art. 3 and S.I. 2009/849, art. 2 (with art. 3))

F7 Words in Sch. 6 para. 6(5) inserted (6.9.2015 for specified purposes, 1.3.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 5 para. 16(2)(c); S.I. 2016/52, art. 4(b) (with art. 17)

Marginal Citations

M1 1972 c. 70.