# The Town and Country Planning (Hearings and Inquiries Procedure) (England) (Amendment and Revocation) Rules 2015, Article 5: Amendment of the Town and Country Planning Appeals (Determination by Inspectors) (Inquiries Procedure) (England) Rules 2000


(1) The Town and Country Planning Appeals (Determination by Inspectors) (Inquiries Procedure) (England) Rules 2000 are amended as follows.
(2) In rule 3 (application of rules)—
(a) in paragraph (1) omit from “but do not apply” to the end of the sentence; and
(b) after paragraph (1) insert—
“(1A) These Rules apply in relation to any local inquiry held in England by an inspector before he determines an appeal under section 78 of the Planning Act (as applied by regulations made under section 220 of that Act) subject to the modifications in rule 24A.”.
(3) In rule 3A (notice from the Secretary of State), in paragraph (1), after “section 78 of the Planning Act”, insert “(including an appeal under section 78 of the Planning Act as applied by regulations made under section 220 of that Act),”.
(4) After rule 24 (Mayor of London) insert—
“Advertisement appeals
24A. (1) Where an inquiry is held into an appeal under section 78 of the Planning Act, as applied by regulations made under section 220 of that Act, these Rules shall apply, subject to the modifications in this rule.
(2) In rule 2 (interpretation), after the definition of “starting date”, insert—
““statement of case” means, and is comprised of, a written statement which contains full particulars of the case which a person proposes to put forward at an inquiry and a list of any documents which that person intends to refer to or put in evidence;”.
(3) In rule 4(4) (preliminary information to be supplied by local planning authority) for “1 week” substitute “2 weeks”.
(4) In rule 6 (receipt of full statements of case etc)—
(a) in the heading, omit the word “full”;
(b) for “full statement of case” substitute “statement of case” wherever it appears;
(c) in paragraph (1) for “5 weeks” substitute “6 weeks”;
(d) for paragraph (3) substitute—
“(3) The appellant shall ensure that, within 6 weeks of the starting date, 2 copies of their statement of case have been received by the Secretary of State and a copy has been received by any statutory party.”;
(e) in paragraph (4) after “to the appellant” insert “and a copy of the appellant’s statement of case to the local planning authority”;
(f) after paragraph (4) insert—
“(5) The appellant and the local planning authority may in writing each require the other to send them a copy of any document, or of the relevant part of any document, referred to in the list of documents comprised in their statement of case; and any such document or relevant part, shall be sent, as soon as practicable, to the party who required it.”;
(g) after paragraph (10), insert—
“(11) Any person other than the appellant who sends a statement of case to the Secretary of State shall send with it a copy of—
(a) any document; or
(b) the relevant part of any document,
referred to in the list comprised in that statement, unless a copy of the document or part of the document in question is already available for inspection pursuant to paragraph (13).”;
(h) in paragraph (12) after “specified” insert “in this rule”; and
(i) in paragraph (13)(b) after “statement of case” insert “together with a copy of any document, or of the relevant part of any document referred to in the list comprised in that statement”.
(5) In rule 7 (statement of matters and pre-inquiry meetings) for “10 weeks” substitute “12 weeks”.
(6) In rule 10 (date and notification of inquiry)—
(a) in paragraph (1)(a) for “16 weeks” substitute “20 weeks”; and
(b) in paragraph (3) for “16 weeks” substitute “20 weeks”.
(7) In rule 15 (statement of common ground) in paragraph (1)(b) for “5 weeks” substitute “6 weeks”.
(8) In rule 24(2)(c) (Mayor of London: modifications to rule 6)—
(a) for paragraph (ii) substitute—
“(ii) in paragraph (3) for “2” substitute “3”;”;
(b) in paragraph (iii) in the substituted paragraph (4)—
(i) in sub-paragraph (a) for “statement” substitute “statements” and after “of case of” insert “the appellant and”; and
(ii) in sub-paragraph (b) for “statement” substitute “statements” and after “of case of” insert “the appellant and”; and
(c) after paragraph (iii) insert—
“(iiia) in paragraph (5) for “The appellant and the local planning authority may in writing each require the other” substitute “Any party required to provide a statement of case pursuant to paragraph (1) or (3) may in writing require any other party so required”;”.”

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Source: https://www.legislation.gov.uk/uksi/2015/316/article/5 (the official version)
Page: https://openlegislation.uk/town-and-country-planning-hearings-and-inquiries-procedure-england-amendment-and-revocation-rules-2015/article-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.