The Town and Country Planning (Enforcement) (Inquiries Procedure) (England) Rules 2002

Procedure following remitting of appeal

22.—(1) Where an appeal in respect of which an inquiry has been held is remitted by any court to the Secretary of State for rehearing and redetermination, the Secretary of State—

(a) shall send to the persons entitled to appear at the inquiry who appeared at it a written statement of the matters on which further representations are invited in order for him to consider the appeal further;

(b) shall give those persons the opportunity of making written representations to him about those matters or asking for the re-opening of the inquiry; and

(c) may, as he thinks fit, cause the inquiry to be re-opened (whether by the same or a different inspector) and if he does so paragraphs (3) to (8) of rule 11 shall apply as if the references to an inquiry were references to a re-opened inquiry.

(2) Those persons making representations or asking for the inquiry to be re-opened under paragraph (1)(b) shall send such representations or requests to the Secretary of State within 3 weeks of the date of the written statement sent under paragraph (1)(a).