SCHEDULES

SCHEDULE 7 Simplified Planning Zones

F1 Procedure for dealing with objections

F28

(1)

Where objections to the proposed scheme or alterations are made, the local planning authority may—

(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 F3for 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 M1Local Government Act 1972 (power to summon and examine witnesses) apply to an inquiry held under this paragraph.

(6)

The M2Tribunals and Inquiries Act F41992 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 F5section 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).