The Town and Country Planning (Enforcement) (Hearings Procedure) (Wales) Rules 2003

Procedure after hearing—transferred appeals

14.—(1) This rule applies where a hearing has been held for the purposes of a transferred appeal.

(2) When making a decision, the inspector may disregard any written representations, or evidence or any other document received after the hearing has closed.

(3) If, after the close of the hearing, an inspector proposes to take into consideration any new evidence or any new matter of fact (not being a matter of National Assembly policy) which was not raised at the hearing and which the inspector considers to be material to his decision, the inspector must not come to a decision without first—

(a)notifying persons entitled to, and who did, take part in the hearing of the matter in question; and

(b)giving them an opportunity to make written representations to the inspector or to ask for the re-opening of the hearing,

and they must ensure that such written representations or requests to re-open the hearing are received by the National Assembly within 3 weeks of the date of the notification.

(4) An inspector may, as the inspector thinks fit, cause a hearing to be re-opened and must do so if asked by the appellant or the local planning authority in the circumstances and within the period mentioned in paragraph (3).

(5) Where a hearing is re-opened pursuant to paragraph (4)—

(a)the inspector must send to the persons entitled to, and who did, take part in the hearing a written statement of the matters on which further evidence is invited; and

(b)paragraphs (2) to (6) of rule 6 apply as if references to a hearing were references to a re-opened hearing.