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

Procedure where pre-inquiry meeting is to be held

6.—(1) The Secretary of State shall hold a pre-inquiry meeting—

(a) if he expects an inquiry to last for 4 days or more, unless he considers it unnecessary;

(b) for shorter inquiries, if it appears to him necessary.

(2) Where the Secretary of State decides to hold a pre-inquiry meeting the following provisions shall apply—

(a) the Secretary of State shall send to the appellant and the local planning authority—

(i) notice of his intention to hold a pre-inquiry meeting; and

(ii) a statement of the matters about which he particularly wishes to be informed for the purposes of his consideration of the appeal in question;

(b) the local planning authority shall publish in a newspaper circulating in the locality in which the land is situated a notice of the Secretary of State’s intention to hold a pre-inquiry meeting and of the statement sent in accordance with paragraph (2)(a)(ii) above; and

(c) the appellant and the local planning authority shall send 2 copies of their outline statement to the Secretary of State within 8 weeks of the starting date.

(3) The Secretary of State shall, as soon as practicable after receipt, send a copy of the local planning authority’s outline statement to the appellant and a copy of the appellant’s outline statement to the local planning authority.

(4) The Secretary of State may in writing require any other person who has notified him of an intention or a wish to appear at the inquiry to send an outline statement to him, the appellant and the local planning authority.

(5) A person required to send an outline statement under paragraph (4) shall send it to the Secretary of State, the appellant and the local planning authority within 4 weeks of the date on which the Secretary of State so requires.

(6) The pre-inquiry meeting (or where there is more than one, the first pre-inquiry meeting) shall be held within 16 weeks of the starting date.

(7) The Secretary of State shall give not less than 3 weeks written notice of the pre-inquiry meeting to—

(a) the appellant;

(b) the local planning authority;

(c) any person known at the date of the notice to be entitled to appear at the inquiry; and

(d) any other person whose presence at the pre-inquiry meeting appears to him to be desirable.

(8) Rule 11(6) shall apply to a pre-inquiry meeting as it does to the holding of an inquiry.

(9) The inspector—

(a) shall preside at the pre-inquiry meeting;

(b) shall determine the matters to be discussed and the procedure to be followed;

(c) may require any person present at the pre-inquiry meeting who, in his opinion, is behaving in a disruptive manner to leave; and

(d) may refuse to permit that person to return to or attend any further pre-inquiry meeting, or may permit him to return or attend only on such conditions as he may specify.

(10) Where a pre-inquiry meeting has been held pursuant to paragraph (1), the inspector may hold a further pre-inquiry meeting and he shall arrange for such notice to be given of a further pre-inquiry meeting as appears to him necessary; and paragraph (9) shall apply to such a pre-inquiry meeting.

(11) If the Secretary of State requests any further information from the appellant or the local planning authority at the pre-inquiry meeting, they shall send—

(a) 2 copies of it to him; and

(b) in the case of an enforcement appeal, a copy to any person on whom a copy of the enforcement notice has been served,

within 4 weeks of the conclusion of the pre-inquiry meeting.

(12) Where the Secretary of State receives further information pursuant to paragraph (11) he shall, as soon as practicable after receipt—

(a) send a copy of such further information received from the appellant to the local planning authority; and

(b) send a copy of such further information received from the local planning authority to the appellant.