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

Explanatory Note

(This note is not part of the Rules)

These Rules regulate the procedure to be followed in connection with local inquiries in England or Wales held by inspectors appointed by the Secretary of State to determine appeals made to him in relation to planning permission, listed building consent and consent for the demolition of unlisted buildings in conservation areas (known as “conservation area consent”).

They replace, with amendments, the Town and Country Planning Appeals (Determi nation by Inspectors) (Inquiries Procedure) Rules 1988, which are revoked, subject to transitional provisions contained in rule 22.

The principal changes made by these Rules are as follows.

• The statements of case required by rule 6 must now be served, in certain circumstances, no later than 4 weeks before the date on which the inquiry is due to open (paragraph (4) of that rule).

• The appellant and the local planning authority may now require from one another a copy of any document, or relevant extract, which the party so required intends to refer to or put in evidence at the inquiry (rule 6(5)).

• Rule 14 now requires that copies of proofs of evidence sent to the inspector must be accompanied by a written summary where the proof contains more than 1500 words, not merely, as formerly, where the inspector expressly required such a summary (paragraphs (1) and (2) of that rule). Where provided, only the summary shall be read at the inquiry, unless the inspector permits or requires otherwise.

There are also minor and drafting amendments, some of which are consequential upon the consolidation, in 1990, of planning legislation, or upon provisions introduced by the Planning and Compensation Act 1991 (c. 34).