The Town and Country Planning (Inquiries Procedure) (Wales) Rules 2003

Receipt of statements of case etc.

6.—(1) The local planning authority must ensure that within—

(a) 6 weeks of the starting date, or

(b) where a pre-inquiry meeting is held pursuant to rule 5, 4 weeks of the conclusion of that pre-inquiry meeting,

2 copies of its statement of case are received by the National Assembly and a copy of its statement of case is received by any statutory party.

(2) The local planning authority must—

(a) include in its statement of case—

(i) details of the time and place where the opportunity to inspect and take copies described in paragraph (13) below will be afforded; and

(ii) where rule 4(2) applies, the matters mentioned in rule 5(4)(a)(ii), unless it has already included these in an outline statement; and

(b) where rule 4(2) applies, within the period specified in paragraph (1) send a copy of its statement of case to the person concerned.

(3) The applicant must ensure that within—

(a) in the case of an appeal or a referred application where no pre-inquiry meeting is held pursuant to rule 5, 6 weeks of the starting date, or

(b) in any case where a pre-inquiry meeting is held pursuant to rule 5, 4 weeks of the conclusion of that pre-inquiry meeting,

2 copies of the applicant’s statement of case are received by the National Assembly and a copy of its statement of case is received by any statutory party.

(4) The National Assembly must, as soon as practicable after receipt, send a copy of the local planning authority’s statement of case to the applicant and a copy of the applicant’s statement of case to the local planning authority.

(5) The applicant and the local planning authority may in writing each require the other to send them a copy of any document, or of the relevant part of any document, referred to in the list of documents comprised in the other’s statement of case; and any such document, or relevant part, must be sent, as soon as practicable, to the party who required it.

(6) The National Assembly may in writing require any other person, who has notified it of an intention or wish to attend and take part in an inquiry, to send—

(a) 3 copies of that person’s statement of case to it within 4 weeks of being so required; and

(b) a copy of that person’s statement of case to any statutory party,

and the National Assembly must, as soon as practicable after receipt, send a copy of each such statement of case to the local planning authority and to the applicant.

(7) The National Assembly must as soon as practicable—

(a) send to any person from whom it requires a statement of case in accordance with paragraph (6) a copy of the statements of case of the applicant and the local planning authority; and

(b) inform that person of the name and address of every person to whom that person’s statement of case is required to be sent.

(8) The National Assembly or the inspector may in writing require any person, who has sent to the National Assembly a statement of case in accordance with this rule, to provide such further information about the matters contained in the statement of case as it may specify and may specify the time within which the information must be received.

(9) A local planning authority or applicant required to provide further information must ensure that—

(a) 2 copies of that information in writing are received by the National Assembly or, as the case may be, the inspector within the specified time; and

(b) a copy is received by any statutory party within the specified time,

and the National Assembly or, as the case may be, the inspector must, as soon as practicable after receipt, send a copy of the further information received from the local planning authority to the applicant and a copy of the further information received from the applicant to the local planning authority.

(10) Any other person required to provide further information must ensure that—

(a) 3 copies of that information in writing are received by the National Assembly or, as the case may be, the inspector within the specified time; and

(b) a copy is received by any statutory party within the specified time,

and the National Assembly, or as the case may be the inspector, must, as soon as practicable after receipt, send a copy of the further information to the local planning authority and the applicant.

(11) Any person other than the applicant who sends a statement of case to the National Assembly must send with it a copy of—

(a) any document; or

(b) the relevant part of any document,

referred to in the list comprised in that statement, unless a copy of the document or part of the document in question is already available for inspection pursuant to paragraph (13).

(12) Unless it has already done so, the National Assembly must within 12 weeks of the starting date send a written statement of the matters referred to in rule 5(2)(a)(ii) to—

(a) the applicant;

(b) the local planning authority;

(c) any statutory party; and

(d) any person from whom it has required a statement of case.

(13) The local planning authority must afford to any person who so requests a reasonable opportunity to inspect and, where practicable, take copies of—

(a) any statement of case, written comments, information or other document, a copy of which has been sent to the local planning authority in accordance with this rule; and

(b) the local planning authority’s completed questionnaire and statement of case together with a copy of any document, or of the relevant part of any document, referred to in the list comprised in that statement, and any written comments, information or other documents sent by the local planning authority pursuant to this rule.

(14) If the local planning authority or the applicant wish to comment on another person’s statement of case they must ensure that within 9 weeks of the starting date—

(a) 2 copies of their written comments are received by the National Assembly; and

(b) a copy is received by any statutory party,

and the National Assembly must, as soon as practicable after receipt, send a copy of the written comments received from the applicant to the local planning authority and a copy of the written comments received from the local planning authority to the applicant.

(15) Any person who sends a statement of case to the National Assembly under this rule, and who wishes to comment on another person’s statement of case, must ensure that not less than 4 weeks before the date fixed for the holding of the inquiry—

(a) 3 copies of that person’s written comments are received by the National Assembly; and

(b) a copy is received by any statutory party,

and the National Assembly must, as soon as practicable after receipt, send a copy of the written comments to the local planning authority and the applicant.

(16) The National Assembly must, as soon as practicable after receipt, send to the inspector any statement of case, document or further information or written comments sent to it in accordance with this rule and received by it within the relevant period, if any, specified in this rule.