Regulation 34 Changes of procedureI1

England and Wales

(1)

This regulation applies where notice has been given under regulation 28 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.

Annotations

Commencement

I1: Reg. 34 in force at 15.12.2014, see reg. 1(1)(b)