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

Explanatory Note

(This note is not part of the Rules)

These Rules regulate the procedure to be followed for hearings in Wales caused by the National Assembly for Wales (“the National Assembly”) to be held before it, or an inspector, determines appeals made to it against enforcement notices, listed building and conservation area consent enforcement notices and non-determination of applications for a certificate of lawful use development on or after 1st June 2003. The Rules come into force on 1st June 2003.

Rule 4 provides for the preliminary procedure to be followed, in particular the information to be provided by the local planning authority, on receipt by it of a notice that a hearing is to be held.

Rule 5 provides which documents are to be sent to the National Assembly before a hearing and for the documents to be copied by him to the appellant, the local planning authority and the inspector. It sets down the time limits within which those documents must be sent to the National Assembly and provides a discretion for the National Assembly or the inspector to disregard documents received outside the set time limits. It also provides for the local planning authority to make certain documents available for public inspection.

Rule 6 provides for the date of the hearing to be fixed and notified to the parties and rule 7 requires the National Assembly to notify persons entitled to take part in a hearing of the name of the inspector.

Rule 8 provides for an inquiry to be held in place of the hearing.

Rule 9 prescribes those entitled to take part in a hearing and rule 10 provides for an inspector, in a transferred appeal, to take steps in place of the National Assembly.

Rule 11 provides for the procedure at a hearing and rule 12 makes provision for the hearing to be adjourned to the site and for site inspections.

Rules 13 and 14 respectively provide for the procedure after a hearing in respect of appeals to be determined by the National Assembly (non-transferred appeals) and transferred appeals. They include a discretion for the National Assembly or an inspector to disregard documents received after the close of the hearing.

Rules 15 and 16 respectively provide for the notification of decisions for non-transferred appeals and transferred appeals.

Rule 17 provides for the procedure where a decision is remitted by the court to the National Assembly for rehearing and re-determination.

Rule 18 gives the National Assembly a discretion to allow further time for the taking of any step and to request additional copies of documents or information sent to him before or during a hearing.

Rule 19 authorises documents to be sent by post or by means of electronic communication.