OpenLegislation

Rule 5 Amendments to the Town and Country Planning (Hearings Procedure) (England) Rules 2000

Original text. Later amendments are not shown.

(1)

Subject to rule 6, the Town and Country Planning (Hearings Procedure) (England) Rules 2000f1 are amended in accordance with this rule.

(2)

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 Orderf2 or regulation 8 of the Listed Buildings Regulationsf3”;

(b)

after the definition of “electronic communication” insert—

  • ““full statement of case”—

    1. (a)

      means, in relation to the appellant, 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)

omit the definition of “hearing statement”; and

(d)

after the definition of “Listed Buildings Act” insert—

  • ““the Listed Buildings Regulations” means the Planning (Listed Buildings and Conservation Areas) Regulations 1990f4;”;

(e)

after the definition of “non-transferred appeal” insert—

  • ““the 2010 Order” means the Town and Country Planning (Development Management Procedure) (England) (Order) 2010f5;”;

(f)

after the definition of “starting date” insert—

  • ““statement of common ground” means a written statement prepared jointly by the local planning authority and the appellant, which contains agreed factual information about the proposal which is the subject of the appeal.”.

(3)

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

(4)

In rule 6 (receipt of hearing statements etc)—

(a)

in the title substitute “full statements of case” for “hearing statements”;

(b)

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

(c)

for paragraph (1) substitute—

“(1)

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

(1A)

The local planning authority shall ensure that, within 5 weeks of the starting date, 2 copies of their full statement of case have been received by the Secretary of State, and that a copy has been received by any statutory party.”;

(d)

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

(e)

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

(f)

in paragraph (6)(a) insert “, article 33 of the 2010 Order, or regulation 8 of the Listed Buildings Regulations” after “under paragraph (5)”; and

(g)

in paragraph (7) substitute “paragraphs (1A) to (3), article 33 of the 2010 Order, or regulation 8 of the Listed Buildings Regulations” for “paragraphs (1) to (3)”.

(5)

After rule 6 insert—

“Statement of common ground

6A.
(1)

The local planning authority and the appellant shall—

(a)

together prepare an agreed statement of common ground; and

(b)

ensure that the Secretary of State receives it and that any statutory party receives a copy of it within 5 weeks of the starting date.

(2)

The local planning authority shall afford to any person who so requests, a reasonable opportunity to inspect, and where practicable, take copies of the statement of common ground sent to the Secretary of State.

(3)

For the purposes of the previous paragraph, an opportunity shall be taken to have been afforded to a person where the person is notified of—

(a)

publication of the statement of common ground on a website;

(b)

the address of the website; and

(c)

the place on the website where the document may be accessed and how it may be accessed.”.

(6)

In rule 7 (date and notification of hearing)—

(a)

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

(b)

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

(c)

in paragraph (6)(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(9) (procedure at hearing)—

(a)

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

(b)

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

(8)

In rule 18(2)(a) (further time and additional copies)—

(a)

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

(b)

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

(9)

In rule 20(2)(c) (Mayor of London: modifications to rule 6) for paragraph (i) substitute—

“(i)

in paragraph (1) insert “and the Mayor, and that the Mayor has received a copy of their draft statement of common ground” after “any statutory party”;

(ia)

in paragraph (1A) insert “and the Mayor” after “The local planning authority” and substitute “3” for “2”;”; and

(10)

After rule 20(2)(c) insert—

“(ca)

in rule 6A(1) after “The local planning authority” insert “, the Mayor”.”

Annotations

Footnotes

f1

S.I. 2000/1626, as amended by S.I. 2003/956 and 2009/455.

f2

S.I. 2010/2184, as amended by an Order coming into force on the same day as this amendment.

f3

S.I. 1990/1519, as amended by S.I. 2004/3341 and Regulations coming into force on the same day as this amendment.

f4

S.I. 1990/1519, as amended by S.I. 2004/3341, Regulations coming into force on the same day as this amendment and in other ways not relevant to these Rules.

f5

S.I. 2010/2184, as amended by an Order coming into force on the same day as this amendment and in other ways not relevant to these Rules.