Article 6 Amendment of the Town and Country Planning (Hearings Procedure) (England) Rules 2000

The Town and Country Planning (Hearings Procedure) (England) Rules 2000^f1 are amended as follows.

In rule 3 (application of Rules)—

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)”.

In rule 8 (method of procedure)—

After rule 20 (Mayor of London), add—

“Advertisement appeals

20A.

(1)

Where a hearing 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 apply subject to the modifications in this rule.

(2)

In rule 2 (interpretation), after the definition of “hearing”, insert—

• ““hearing statement” means, and is comprised of, a written statement which contains full particulars of the case which a person proposes to put forward at a hearing and a list of any documents which that person intends to refer to or put in evidence;”.

(3)

In rule 4(2) (preliminary information to be supplied by local planning authority) for “1 week” substitute “2 weeks”.

(4)

In rule 6 (receipt of hearing statements etc)—

(a)

in the heading, for “full statement of case” substitute “hearing statements”;

(b)

for “full statement of case” substitute “hearing statement” wherever it appears;

(c)

for paragraphs (1) and (1A) substitute—

“(1)

The appellant and the local planning authority shall ensure that, within 6 weeks of the starting date, 2 copies of their hearing statement have been received by the Secretary of State and a copy has been received by any statutory party.”;

(d)

in paragraph (3) for “5 weeks” substitute “6 weeks”;

(e)

in paragraph (5)(a) for “paragraph (1A)” substitute “paragraph (1)”; and

(f)

in paragraph (7) for “paragraphs (1A) to (3)” substitute “paragraphs (1) to (3)”.

(5)

Omit rule 6A (statement of common ground).

(6)

In rule 7 (date and notification of hearing)—

(a)

in paragraph (1)(a) for “10 weeks” substitute “12 weeks”; and

(b)

in paragraph (3) for “10 weeks” substitute “12 weeks”.

(8)

In rule 11(9) (procedure at hearing) for “full statement of case” substitute “hearing statement”.

(9)

In rule 18(2)(a) (further time and additional copies) for “full statement of case” substitute “hearing statement”.

(10)

In rule 20(2)(c) (Mayor of London: modifications to rule 6)^f2, for paragraphs (i) and (ia) substitute—

“(i)

in paragraph (1), after “The appellant” insert “, the Mayor” and for “2” substitute “3”;”.

(11)

Omit rule 20(2)(ca).”.