Article 3 Application of Rules
These Rules apply in relation to any local inquiry held in England or Wales by an inspector before he determines—
an appeal to the Secretary of State in relation to listed building consent under paragraph 8 of Schedule 11 or under paragraph 8 as applied by paragraph 9 of that Schedule (including an appeal under one or both of those paragraphs as applied by section 56B(2)f3), or in relation to conservation area consent under paragraph 8 or under paragraph 8 as applied by paragraph 9, as those paragraphs are applied by virtue of section 277Af4, including the application by that section of section 56B(2),
but do not apply in relation to any local inquiry by reason of the application of any provision mentioned in this paragraph by any other enactment.
Where these Rules apply in relation to an appeal which at some time fell to be disposed of in accordance with the Town and Country Planning (Inquiries Procedure) Rules 1988f5 or Rules superseded by those Rulesf6, any step taken or thing done under those Rules which could have been done under any corresponding provision of these Rules shall have effect as if it had been taken or done under that corresponding provision.
Annotations
Footnotes
- f1
-
Section 36 was amended by the Local Government, Planning and Land Act 1980, Schedule 15, paragraph 4(2); by the Town and Country Planning (Minerals) Act 1981 (c. 36), Schedule 1, paragraph 3; and by the Housing and Planning Act 1986, Schedule 11, paragraphs 17 and 18.
- f2
-
Section 37 was amended by the Local Government, Planning and Land Act 1980, Schedule 15, paragraph 4(3).
- f3
-
Section 56B was inserted by the Housing and Planning Act 1986, Schedule 9, paragraph 4.
- f4
-
Subsection (8) of section 277A was substituted by the Housing and Planning Act 1986, Schedule 9, paragraph 8(2); see also S.I. 1987/349, regulation 12 and Schedule 3.
- f5
-
S.I. 1988/944.
- f6
-
The Rules superseded are S.I. 1974/419, amended by S.I. 1986/420.