Town and Country Planning Act 1990

[F1 F2 8 (1) Where objections to the proposed scheme or alterations are made, the local planning authority may— E+W

(a) for the purpose of considering the objections, cause a local inquiry or other hearing to be held by a person appointed by the Secretary of State or, in such cases as may be prescribed, appointed by the authority, or

(b) require the objections to be considered by a person appointed by the Secretary of State.

(2) A local planning authority shall exercise the power under sub-paragraph (1), or paragraph (a) or (b) of that sub-paragraph, if directed to do so by the Secretary of State.]

(4) Regulations may—

(a) make provision with respect to the appointment, and qualifications for appointment, of persons [F3 for the purposes of this paragraph];

(b) include provision enabling the Secretary of State to direct a local planning authority to appoint a particular person, or one of a specified list or class of persons;

(c) make provision with respect to the remuneration and allowances of the person appointed.

(5) Subsections (2) and (3) of section 250 of the M1 Local Government Act 1972 (power to summon and examine witnesses) apply to an inquiry held under this paragraph.

(6) The M2 Tribunals and Inquiries Act [F4 1992] applies to a local inquiry or other hearing held under this paragraph as it applies to a statutory inquiry held by the Secretary of State, with the substitution in [F5 section 10(1)] (statement of reasons for decision) for the references to a decision taken by the Secretary of State of references to a decision taken by a local authority.

[F6 (7) A local inquiry or other hearing held under this paragraph shall be a statutory inquiry for the purposes of Schedule 7 to the Tribunals, Courts and Enforcement Act 2007 (functions etc. of Administrative Justice and Tribunals Council).]

Textual Amendments

F1 Sch. 7 para. 8(1)(2) and cross heading substituted (25.11.1991 for certain purposes and otherwise 9.11.1992) for para. 8(1)-(3) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 28, Sch. 5 Pt. I para. 2(1) (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1992/2413, art. 2 (with art. 3)

F2 Sch. 7 para. 8(1)(2) and cross heading substituted (25.11.1991 for certain purposes and otherwise 9.11.1992) for para. 8(1)-(3) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 28, Sch. 5 Pt. I para. 2(1) (with s. 84(5)); S.I. 1991/2728, art.2; S.I. 1992/2413, art. 2 (with art. 3)

F3 Words in Sch. 7 para. 8(4) substituted (25.11.1991 for certain purposes and otherwise 9.11.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1 ), s. 28, Sch. 5 Pt. II para. 6 (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1992/2413, art. 2 (with art. 3)

F4 Word in Sch. 7 para. 8(6) substituted (1.10.1992) by Tribunals and Inquiries Act 1992 (c. 53), ss. 18(1), 19(2), Sch. 3 para. 29(a)

F5 Words in Sch. 7 para. 8(6) substituted (1.10.1992) by Tribunals and Inquiries Act 1992 (c. 53), ss. 18(1), 19(2), Sch. 3 para. 29(b)

F6 Sch. 7 para. 8(7) inserted (1.11.2007) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 48(1), 148, Sch. 8 para. 11; S.I. 2007/2709, art. 3(b)(i)

Marginal Citations

M1 1972 c. 70.

M2 1992 c. 53.