The Town and Country Planning Appeals (Determination by Inspectors) (Inquiries Procedure) Rules 1992

Interpretation

2.  In these Rules, unless the context otherwise requires—

“assessor” means a person appointed by the Secretary of State to sit with an inspector at an inquiry or re-opened inquiry to advise the inspector on such matters arising as the Secretary of State may specify;

“the Commission” means the Historic Buildings and Monuments Commission for England;

“conservation area consent” has the meaning given in section 74(1) of the Listed Buildings Act;

“development order” has the meaning given in section 59 of the Planning Act;

“document” includes a photograph, map or plan;

“inquiry” means a local inquiry in relation to which these Rules apply;

“inspector” means a person appointed by the Secretary of State under Schedule 6 to the Planning Act or, as the case may be, Schedule 3 to the Listed Buildings Act to determine an appeal;

“land” means the land or building to which an inquiry relates;

“the Listed Buildings Act” means the Planning (Listed Buildings and Conservation Areas) Act 1990(1);

“listed building consent” has the meaning given in section 8(7) of the Listed Buildings Act;

“local planning authority” means the body who were responsible for dealing with the application occasioning the appeal;

“the Planning Act” means the Town and Country Planning Act 1990(2);

“pre-inquiry meeting” means a meeting held before an inquiry to consider what may be done with a view to securing that the inquiry is conducted efficiently and expeditiously;

“relevant date” means the date of the written notice informing the appellant and the local planning authority that an inquiry is to be held, and“relevant notice” means that notice;

“the 1988 Rules” means the Town and Country Planning Appeals (Determination by Inspectors) (Inquiries Procedure) Rules 1988(3);

“statement of case” means, and is comprised of, a written statement which contains full particulars of the case which a person proposes to put forward at an inquiry, and a list of any documents which that person intends to refer to or put in evidence.

“statutory party” means—

(a)

a person mentioned in paragraph (1)(b)(i) of article 22A of the Town and Country Planning General Development Order 1988(4) whose representa tions the inspector is required by paragraph (3) of that article to take into account in determining the appeal to which an inquiry relates, and such a person whose representations the local planning authority were required by paragraph (1) of that article to take into account in determining the application occasioning the appeal; and

(b)

a person whose representations the inspector is required by paragraphs (3)(b) and (5) of regulation 6 of the Planning (Listed Buildings and Conversation Areas) Regulations 1990(5) to take into account in determin ing the appeal to which an inquiry relates, and a person whose representa tions the local planning authority were required by paragraph (3)(b) of that regulation to take into account in determining the application occasioning the appeal.

(1)

1990 c. 9.

(2)

1990 c. 8.

(3)

S.I. 1988/945.

(4)

S.I. 1988/1813. Article 22A was inserted by article 6 of S.I. 1992/1493. There are other amendments not relevant to these Rules.

(5)

S.I. 1990/1519.