Article 13 Attendance and participation at an inquiry

(1)

The persons entitled to take part in the inquiry are—

(a)

the appellant;

(b)

the local planning authority;

(c)

any of the following bodies if the land is situated in their area and they are not the local planning authority—

(i)

a county or a county borough council;

(ii)

an enterprise zone authority designated under Schedule 32 to the Local Government, Planning and Land Act 1980^f1;

(iii)

a housing action trust specified in an order made under section 67(1) of the Housing Act 1988^f2;

(d)

where the land is in an area previously designated as a new town, the Commission for the New Towns;

(e)

in the case of an enforcement appeal, any person on whom a copy of the enforcement notice has been served;

(f)

in the case of an appeal under section 195 of the Planning Act, any person having an interest in the land;

(g)

where the inquiry relates to an enforcement notice under section 38 of the Listed Buildings Act and, where an application for listed building consent had been made for the works set out in the enforcement notice, the National Assembly would have been notified of the application pursuant to a direction given under section 15(5) of the Listed Buildings Act, Cadw;

(h)

any other person who has served a statement of case in accordance with rule 8(6) or who has sent an outline statement in accordance with rule 6(4).

(2)

Nothing in paragraph (1) precludes the inspector from permitting any other person to take part in an inquiry; and such permission is not to be unreasonably withheld.

(3)

Any person entitled or permitted to take part in an inquiry may do so on their own behalf or be represented by any other person.

Annotations

Footnotes

f1: 1980 c. 65, to which there are amendments not relevant to these Rules.
f2: 1988 c. 50, amended by the Planning (Consequential Provisions) Act 1990, sections 3 and 4, Schedule 1, Part I and Schedule 2, paragraph 79(3)(a) and (b).