Regulation 35 Timing and place of, and participation in, hearing or local inquiry

(1)

This regulation applies where the examining authority determines that an application is to be examined, in whole or in part, at a hearing or local inquiry.

(2)

The examining authority is to decide who to invite to make further representations at a hearing or local inquiry but must invite the applicant to do so.

(3)

The examining authority is to decide—

(a)

where and when to hold the hearing or local inquiry;

(b)

whether to hold it (or any part of it) remotely.

(4)

To the extent that a hearing or local inquiry is held other than wholly or partly remotely, the examining authority must have regard to the desirability of holding it as close as possible to the location to which the application relates.

(5)

The examining authority must begin a hearing or local inquiry no later than 10 weeks beginning with the day after the end of the representation period unless—

(a)

the applicant agrees otherwise, or

(b)

paragraph (6) applies.

(6)

This paragraph applies where any of the following has occurred—

(a)

the examining authority—

(i)

has made a determination that the application is to be examined on the basis of the application and any written representations, and

(ii)

makes a further determination under regulation 31(2),

(b)

the examining authority has decided that the hearing or local inquiry will not take place wholly remotely and a suitable venue cannot be secured at a date to comply with paragraph (5), or

(c)

the examining authority has decided that further written representations under regulation 40 are necessary before the hearing or local inquiry can begin, and they cannot reasonably be provided in time to comply with paragraph (5).

(7)

Where paragraph (6) applies, the examining authority must begin the hearing or local inquiry as soon as reasonably practicable after the period referred to in paragraph (5).

(8)

The examining authority must give the following at least 6 weeks’ notice in writing of the date, start time and the place of the hearing or local inquiry—

(a)

the applicant,

(b)

the planning authority,

(c)

any person invited to make representations at a hearing or local inquiry, and

(d)

any other person that the examining authority considers appropriate.