# The Town and Country Planning (Hearings and Inquiries Procedures) (England) (Amendment) Rules 2009, Rule 3: Amendment of the Town and Country Planning Appeals (Determination by Inspectors) (Inquiries Procedure) (England) Rules 2000

Extent: E+W+S+N.I.

(1) The Town and Country Planning Appeals (Determination by Inspectors) (Inquiries Procedure) (England) Rules 2000 are amended as follows.
(2) In rule 2(1) (interpretation)—
(a) omit the definition of “relevant notice”; and
(b) for the definition of “starting date” substitute—
““starting date” means the date of the notice given by the Secretary of State under rule 3A;”.
(3) After rule 3 (application of Rules) insert—
“Notice from the Secretary of State
3A. (1) In the case of an appeal under section 78 of the Planning Act as soon as practicable after a determination has been made under section 319A of the Planning Act that the appeal is to proceed at an inquiry, the Secretary of State shall send a notice to this effect to the appellant and the local planning authority.
(2) In the case of any other appeal to which these Rules apply, the Secretary of State shall as soon as practicable after receipt of all the documents required to enable the appeal to proceed, send a notice to the appellant and the local planning authority, informing them that an inquiry is to be held.”.
(4) In rule 4 (preliminary information to be supplied by local planning authority)—
(a) in paragraph (1) for “relevant notice” substitute “notice under rule 3A”; and
(b) in paragraph (4) after “have been notified” insert “in writing”.
(5) In rule 5(1) (notification of name of inspector) after “shall notify” insert “in writing”.
(6) In rule 6 (receipt of statements of case etc)—
(a) in paragraph (6)—
(i) after “to send” insert “within 4 weeks of being so required”; and
(ii) in sub-paragraph (a) omit “within 4 weeks of being so required”;
(b) in paragraph (9)(a) omit “in writing”;
(c) in paragraph (10)(a) omit “in writing”;
(d) in paragraph (12) omit “and written comments”;
(e) in paragraph (13)—
(i) in sub-paragraph (a) omit “written comments,”; and
(ii) in sub-paragraph (b) omit “any written comments,”; and
(f) omit paragraphs (14) and (15).
(7) In rule 9 (notification of appointment of assessor) after “he shall notify” insert “in writing”.
(8) In rule 13 (inspector may act in place of Secretary of State) omit “(14) and (15)”.
(9) In rule 15(1)(b) (statement of common ground) for “not less than 4 weeks before the date fixed for the holding of the inquiry” substitute “within 6 weeks of the starting date”.
(10) In rule 16(5) (procedure at inquiry) for “(7)” substitute “(9)”.
(11) In rule 18(3)(a) (procedure after inquiry) after “notifying” insert “in writing”.
(12) In rule 24(2) (Mayor of London)—
(a) for sub-paragraph (a) substitute—
“(a) in rule 3A—
(i) in paragraph (1), after “the appellant” insert “, the Mayor”;
(ii) in paragraph (2), after “the appellant” insert “, the Mayor”;”;
(b) in sub-paragraph (c) omit paragraphs (ix) and (x).

---
Source: https://www.legislation.gov.uk/uksi/2009/455/rule/3 (the official version)
Page: https://openlegislation.uk/town-and-country-planning-hearings-and-inquiries-procedures-england-amendment-rules-2009/rule-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.