Explanatory note

These Rules regulate the procedure to be followed in connection with local inquiries in Wales held by a person appointed (an “inspector”) by the National Assembly for Wales (“the National Assembly”) to determine appeals made to it in relation to planning permission, listed building consent, consent for the demolition of unlisted buildings in conservation areas (“conservation area consent”), tree preservation order consent and tree preservation enforcement notices.

These Rules replace with modifications, in relation to Wales, the Town and Country Planning Appeals (Determination by Inspectors) (Inquiries Procedure) Rules 1992 (“the 1992 Rules”), which are revoked, subject to the transitional provisions contained in rule 24 of these Rules. The 1992 Rules were revoked and replaced in relation to England by the Town and Country Planning Appeals (Determination by Inspectors) (Inquiries Procedure) (England) Rules 2000 (S.I. 2000/1625).

The principal changes made by these Rules are that they are extended to cover appeals against the service of tree preservation enforcement notices and:

Rule 4(4) requires local planning authorities to return their completed questionnaires to the National Assembly within 2 weeks of the starting date.

Rule 6 requires the local planning authority and the appellant to ensure that 2 copies of their statements of case have been received by the National Assembly within 6 weeks of the starting date. It provides for the documents to be copied by the National Assembly to the parties and to be sent to the inspector.

Rule 7(2) requires that pre-inquiry meetings are to be held for all inquiries that the inspector expects to last for more than 8 days, unless the inspector considers it is unnecessary.

Rule 8 provides that the inspector will, in respect of inquiries that the National Assembly expects to last for 8 days or more, and may in respect of other inquiries, prepare a timetable for the proceedings at the inquiry and may vary the timetable.

Rule 14(4) provides for statements of evidence to be sent by the National Assembly to the inspector.

Rule 15 requires the local planning authority and the appellant to prepare a statement of common ground and send it to the National Assembly and any statutory party 4 weeks before the inquiry.

Rule 16(2) provides that at the start of the inquiry the inspector will state what the inspector considers to be the main issues to be considered at the inquiry.

Rule 16(14) provides that in respect of any inquiry that the National Assembly expects to last 8 days or more, any parties who take part must provide a copy of their final submissions in writing.

Rule 18(2) enables the inspector to disregard any representations or evidence received after the close of the inquiry.

Rule 22 enables the National Assembly to request additional copies of documents.

Rule 23 authorises documents to be sent by post or by means of electronic communication.

There are also minor and drafting amendments.