Section 16 Local inquiries.

England and Wales

F1(1)

Where any objections have been made, in accordance with the regulations, to proposals for a unitary development plan copies of which have been made available for inspection under section 13(2), the local planning authority shall cause a local inquiry or other hearing to be held for the purpose of considering the objections.

(1A)

The local planning authority may cause a local inquiry or other hearing to be held for the purpose of considering any other objections to the proposals.

(1B)

The local inquiry or other hearing shall be held by a person appointed by the Secretary of State or, in such cases as may be prescribed, by the authority themselves.

(2)

Subsections (2) and (3) of section 250 of the M1Local Government Act 1972 (power to summon and examine witnesses) shall apply to an inquiry held under this section as they apply to an inquiry under that section.

(3)

The M2Tribunals and Inquiries Act F21992shall apply to a local inquiry or other hearing held under this section as it applies to a statutory inquiry held by the Secretary of State, but as if in F3section 10(1) of that Act (statement of reasons for decisions) the reference to any decision taken by the Secretary of State were a reference to a decision taken by a local planning authority.

(4)

Regulations made for the purposes of this section may—

(a)

make provision with respect to the appointment and qualifications for appointment of persons to hold a local inquiry or other hearing under this section, including provision enabling the Secretary of State to direct a local planning authority to appoint a particular person or one of a specified list or class of persons;

(b)

make provision with respect to the remuneration and allowances of a person appointed for that purpose.

(5)

No local inquiry or other hearing need be held under this section if all persons who have made objections have indicated in writing that they do not wish to appear.

Annotations

Textual amendments

F1: S. 16(1)(1A)(B) substituted for s. 16(1) (25.11.1991 for certain purposes and otherwise 10.2.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 27, Sch. 4 Pt. I, para. 7 (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art. 4
F2: Word in s. 16(3) substituted (1.10.1992) by Tribunals and Inquiries Act 1992 (c. 53), ss. 18(1), 19(2), Sch. 3 para. 22(a)
F3: Words in s. 16(3) substituted (1.10.1992) by Tribunals and Inquiries Act 1992 (c. 53), ss. 18(1), 19(2), Sch. 3 para. 22(b)

Marginal citations

M1: 1972 c. 70.
M2: 1992 c. 53.

Notes on Part II

Textual amendments

F1: Pt. 2 (ss. 10-54A) repealed (6.8.2004 for certain purposes, 28.9.2004 for. E and 15.10.2005 for W.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 120, 121, Sch. 9 (with s. 111); S.I. 2004/2097, art. 2, S.I. 2004/2202, {art. 2(k)}, Sch. 1 Pt. 1 (subject to transitional provisions and savings in art. 4, Sch. 2); S.I. 2005/2847, art. 2(g), Sch. 1 (subject to transitional provisions and savings in art. 3, Sch. 2); and ss. 12(3A), 31(3), 36(3) modified (1.4.2010) by S.I. 2010/490, reg. 39(2)

Notes on Chapter I

Modifications

C1

Pt. II Ch. I (ss. 10-28): power to apply conferred (19.9.1995) by 1995 c. 25, ss. 67(2)(a)(4), 125(2) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

Pt. II Ch. 1 (ss. 10-28) amended (1.5.1994) by S.I. 1994/1210, art. 6(2)