Paragraph 6

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch. 3 para. 2(4A) inserted by Planning Act 2008 Sch. 10 para. 24(2)
Sch. 3 para. 2(9) inserted by Planning Act 2008 Sch. 10 para. 24(3)
Sch. 3 para. 3(4A) (4B) inserted by Planning Act 2008 Sch. 10 para. 24(4)
Sch. 3 para. 3(5) words inserted by Planning Act 2008 Sch. 10 para. 24(5)
Sch. 3 para. 6(1A) inserted by Planning Act 2008 Sch. 10 para. 24(6)
Sch. 3 para. 6(2)(a) words inserted by Planning Act 2008 Sch. 10 para. 24(7)

(1)

Whether or not the parties to an appeal have asked for an opportunity to appear and be heard, an appointed person—

(a)

may hold a local inquiry in connection with the appeal; and

(b)

shall do so if the Secretary of State so directs.

F1(1B)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)

Where an appointed person—

(a)

holds a hearing by virtue of paragraph 2(4) F2...; or

(b)

holds an inquiry by virtue of this paragraph,

an assessor may be appointed by the Secretary of State to sit with the appointed person at the hearing or inquiry to advise him on any matters arising, notwithstanding that the appointed person is to determine the appeal.

(3)

Subject to sub-paragraph (4), the costs of any such hearing or inquiry shall be paid by the Secretary of State.

(4)

Section 250(2) to (5) of the M1Local Government Act 1972 (local inquiries: evidence and costs) applies to an inquiry held by virtue of this paragraph F3... with the following adaptations—

(a)

for the references in subsection (4) (recovery of costs of holding the inquiry) to the Minister causing the inquiry to be held, there shall be substituted references to the Secretary of State; and

(b)

for the reference in subsection (5) (orders as to the costs of the parties) to the Minister causing the inquiry to be held, there shall be substituted a reference to the appointed person or the Secretary of State.

F4(4A)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)

Subject to sub-paragraph (6), at any F5such inquiry oral evidence shall be heard in public and documentary evidence shall be open to public inspection.

C1 C2(6)

If the Secretary of State is satisfied in the case of any such inquiry—

(a)

that giving evidence of a particular description or, as the case may be, making it available for inspection would be likely to result in the disclosure of information as to any of the matters mentioned in sub-paragraph (7); and

(b)

that the public disclosure of that information would be contrary to the national interest,

he may direct that evidence of the description indicated in the direction shall only be heard or, as the case may be, open to inspection at that inquiry by such persons or persons of such descriptions as he may specify in that direction.

(7)

The matters referred to in sub-paragraph (6)(a) are—

(a)

national security; and

(b)

the measures taken or to be taken to ensure the security of any premises or property.

F6(8)

The appointed person or the Secretary of State has the same power to make orders under section 250(5) of the M2 Local Government Act 1972 (orders with respect to costs of the parties) in relation to proceedings F7... under this Schedule which do not give rise to an inquiry as he has in relation to such an inquiry.

Annotations

Textual amendments

F1: Sch. 3 para. 6(1B) omitted (4.11.2024) by virtue of Historic Environment (Wales) Act 2023 (asc 3), s. 212(2), Sch. 13 para. 159(c)(i) (with Sch. 14 paras. 1-3); S.I. 2024/860, art. 3(d)
F2: Words in Sch. 3 para. 6(2)(a) omitted (4.11.2024) by virtue of Historic Environment (Wales) Act 2023 (asc 3), s. 212(2), Sch. 13 para. 159(c)(ii) (with Sch. 14 paras. 1-3); S.I. 2024/860, art. 3(d)
F3: Words in Sch. 3 para. 6(4) omitted (4.11.2024) by virtue of Historic Environment (Wales) Act 2023 (asc 3), s. 212(2), Sch. 13 para. 159(c)(iii) (with Sch. 14 paras. 1-3); S.I. 2024/860, art. 3(d)
F4: Sch. 3 para. 6(4A) omitted (4.11.2024) by virtue of Historic Environment (Wales) Act 2023 (asc 3), s. 212(2), Sch. 13 para. 159(c)(iv) (with Sch. 14 paras. 1-3); S.I. 2024/860, art. 3(d)
F5: Words in Sch. 3 para. 6(5) substituted (4.11.2024) by Historic Environment (Wales) Act 2023 (asc 3), s. 212(2), Sch. 13 para. 159(c)(v) (with Sch. 14 paras. 1-3); S.I. 2024/860, art. 3(d)
F6: Sch. 3 para. 6(8) omitted (temp.) by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 6, Sch. 4 paras. 1, 12 (which temp. omission ceases to have effect (2.1.1992 for specified purposes and 6.4.2009 for further specified purposes) by virtue of S.I. 1991/2698, art. 3 (with art. 4); S.I. 2009/849, art. 2 (with art. 3))
F7: Words in Sch. 3 para. 6(8) omitted (4.11.2024) by virtue of Historic Environment (Wales) Act 2023 (asc 3), s. 212(2), Sch. 13 para. 159(c)(vi) (with Sch. 14 paras. 1-3); S.I. 2024/860, art. 3(d)

Marginal citations

M1: 1972 c.70.
M2: 1972 c. 70.

Modifications

C1: Sch. 3 para. 6(6): functions made exercisable by the Assembly concurrently with the Secretary of State (1.7.1999) by S.I. 1999/672, art. 2, Sch.
C2: Sch. 3 para. 6(6) functions made exercisable concurrently or jointly with the Welsh Ministers by 2006 c. 32, Sch. 3A para. 1 (as inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 4 para. 1 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(p))

Notes on Schedule 3

Modifications

C1: Sch. 3 applied (Isles of Scilly) (with modifications) (2.10.2013) by The Town and Country Planning (Isles of Scilly) Order 2013 (S.I. 2013/2148), arts. 1(1), 3, Sch. 1 (with art. 1(2))