Part IIDevelopment Plans

Chapter IIStructure and Local Plans: Non-Metropolitan Areas

Local plans

42Objections: local inquiry or other hearing

(1)The local planning authority may cause a local inquiry or other hearing to be held for the purpose of considering objections to their proposals for the making, alteration, repeal or replacement of a local plan.

(2)They shall hold such a local inquiry or other hearing in the case of objections made in accordance with regulations unless all the persons who have made such objections have indicated in writing that they do not wish to appear.

(3)A local inquiry or other hearing shall be held by a person appointed by the Secretary of State or, in such cases as may be prescribed, by the authority themselves.

(4)Regulations may—

(a)make provision with respect to the appointment, and qualifications for appointment, of persons to hold a local inquiry or other hearing;

(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 [1972 c. 70.] Local Government Act 1972 (power to summon and examine witnesses) apply to an inquiry held under this section.

(6)The [1971 c. 62.] Tribunals and Inquiries Act 1971 shall apply to a local inquiry or other hearing held under this section as it applies to a statutory inquiry held by the Secretary of State, but as if in section 12(1) of that Act (statement of reasons for decisions) the reference to any decision taken by the Secretary of State were a reference to a decision taken by a local authority.