Rule 3 Amendments to the Town and Country Planning (Inquiries Procedure) (England) Rules 2000

The Town and Country Planning (Inquiries Procedure) (England) Rules 2000^f1 are amended in accordance with this rule.

After rule 23A (modifications where national security direction given and for urgent Crown development or works) insert—

“Modifications for most appeals

23B.

(1)

Subject to paragraph (2) these Rules shall apply subject to the modifications set out in this rule in relation to an appeal made under—

(a)

section 78 of the Planning Act;

(b)

section 20 of the Listed Buildings Act; or

(c)

section 20 of the Listed Buildings Act as applied by section 74(3) of that Act.

(2)

These modifications shall not apply—

(a)

where a direction is given by the Secretary of State under section 321(3) of the Planning Act^f2 or paragraph 6(6) of Schedule 3 to the Listed Buildings Act (matters related to national security)^f3;

(b)

where section 293A of the Planning Act or section 82B of the Listed Buildings Act (urgent Crown development)^f4 applies;

(c)

in relation to type A or type B appeals within the meaning in article 33(7) of the Town and Country Planning (Development Management Procedure) (England) Order 2010 (appeals)^f5; or

(d)

in relation to any appeal transferred out of Part 1 of the Town and Country Planning (Appeals) (Written Representations Procedure) (England) Regulations 2009^f6 under regulation 9 of those Regulations.

(3)

In rule 2 (interpretation)—

(a)

after the definition of “document” insert—

• ““draft statement of common ground” means the draft statement of common ground (if any) submitted in accordance with article 33 of the 2010 Order or regulation 8 of the Listed Buildings Regulations^f7”;

(b)

after the definition of “electronic communication” insert—

• ““full statement of case”—

  1. (a)

     means, in relation to the applicant, the full statement of case submitted with their notice of appeal under article 33 of the 2010 Order or regulation 8 of the Listed Buildings Regulations; and

  2. (b)

     in relation to everyone else means, and is comprised of, a written statement which contains full particulars of the case which a person proposes to put forward and copies of any documents which that person intends to refer to or put in evidence;”;

(c)

after the definition of “the Listed Buildings Act” insert—

• ““the Listed Buildings Regulations” means the Planning (Listed Buildings and Conservation Areas) Regulations 1990^f8;”;

(d)

after the definition of “local planning authority” insert—

• ““the 2010 Order” means the Town and Country Planning (Development Management Procedure) (England) (Order) 2010^f9”;

(e)

for the definition of “outline statement” substitute—

• ““outline statement” means—

  1. (a)

     in relation to the applicant, the full statement of case submitted with their notice of appeal under article 33 of the 2010 Order or regulation 8 of the Listed Buildings Regulations; and

  2. (b)

     in relation to everyone else, a written statement of the principal submissions which a person proposes to put forward at an inquiry.”; and

(f)

omit the definition of “statement of case”.

(4)

In rule 5 (procedure where Secretary of State causes pre-inquiry meeting to be held)—

(a)

in paragraph (2)(d) omit “the applicant and”; and

(b)

in paragraph (3) omit the words from “and a copy of the applicant’s” to the end.

(5)

In rule 6 (receipt of statements of case etc)—

(a)

in the title insert “full” before “statements of case”;

(b)

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

(c)

for paragraph (3) substitute—

“(3)

As soon as practicable after receiving the information in rule 4(1) (preliminary information to be supplied by local planning authority) the applicant shall ensure that a copy of their full statement of case has been received by any statutory party.

(3A)

In any case where a pre-inquiry meeting is held pursuant to rule 5, the applicant may modify their full statement of case following that meeting.

(3B)

Where paragraph 3A applies, and the applicant wishes to make modifications, they shall ensure that a copy of their modified full statement of case has been received by the Secretary of State, the local planning authority and any statutory party within 4 weeks of the conclusion of that pre-inquiry meeting.”;

(d)

in paragraph (4) omit the words from “and a copy of the applicant’s” to the end;

(e)

omit paragraph (5);

(f)

in paragraph (8)—

(i)

substitute “either of them” for the first “him”; and

(ii)

insert “, article 33 of the 2010 Order, or regulation 8 of the Listed Buildings Regulations” after “in accordance with this rule”;

(g)

omit paragraph (11);

(h)

in paragraph (13)—

(i)

in sub-paragraph (a) insert “, article 33 of the 2010 Order, or regulation 8 of the Listed Buildings Regulations” after “in accordance with this rule”; and

(ii)

in sub-paragraph (b) omit from “together with a copy” to “comprised in that statement”; and

(i)

in paragraph (16) insert “, article 33 of the 2010 Order, or regulation 8 of the Listed Buildings Regulations,” after “in accordance with this rule”, and omit “in this Rule”.

(6)

In rule 10(8)(d) insert “, article 33 of the 2010 Order, or regulation 8 of the Listed Buildings Regulations,” after “pursuant to rule 6”.

(7)

In rule 11(1)(h) (appearances at inquiry) substitute “full statement of case” for “statement of case”.

(8)

In rule 15(10) (procedure at inquiry)—

(a)

substitute “full statement of case” for “statement of case” and

(b)

insert “, article 33 of the 2010 Order, or regulation 8 of the Listed Buildings Regulations,” after “under rule 6”.

(9)

In rule 21(1)(b) (additional copies)—

(a)

substitute “full statement of case” for “statement of case”; and

(b)

insert “, article 33 of the 2010 Order, or regulation 8 of the Listed Buildings Regulations” after “with rule 6”.

(10)

In rule 23(2)(c) (Mayor of London: modifications to rule 5)—

(a)

for paragraph (i) substitute—

“(i)

in paragraph (2)(d) after “the local planning authority” insert “and the Mayor”;”

(b)

in paragraph (ii) in the substituted paragraph (3)—

(i)

in sub-paragraph (a) substitute “statement” for “statements” and omit “the applicant and”; and

(ii)

in sub-paragraph (b) substitute “statement” for “statements” and omit “the applicant and”.

(11)

In rule 23(2)(d) (Mayor of London: modifications to rule 6)—

(a)

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

(b)

for paragraph (ii) substitute—

“(ii)

in paragraph (3) insert “and the Mayor, and that the Mayor has received a copy of their draft statement of common ground” after “any statutory party”;

(iia)

in paragraph (3B) insert “, the Mayor” after “local planning authority”;”

(c)

in paragraph (iii) in the substituted paragraph (4)—

(i)

in sub-paragraph (a) substitute “statement” for “statements” and omit “the applicant and”;

(ii)

in sub-paragraph (b) substitute “statement” for “statements” and omit “the applicant and”; and

(d)

omit paragraph (iv).”