Changes of procedureE+W
35.—(1) This regulation applies where notice has been given under regulation 29 that a public inquiry or (where the Planning Inspectorate is the determining authority) a hearing is to be held in relation to the application or proposal.
(2) Where a registration authority is the determining authority it may, subject to paragraph (3), decide at any time before the start of a public inquiry to cancel the inquiry and determine the application without holding an inquiry.
(3) The registration authority must consult the applicant before deciding to cancel a public inquiry in relation to an application.
(4) Where the Planning Inspectorate is the determining authority it may, subject to paragraph (5), decide at any time before the start of a public inquiry or hearing—
(a)to cancel the inquiry or hearing and determine the application without holding an inquiry or hearing; or
(b)to hold a hearing instead of an inquiry, or vice versa.
(5) The Planning Inspectorate must consult—
(a)the applicant, before deciding to change the procedure for determining an application; or
(b)the referring authority, before deciding to change the procedure for determining a proposal.