Article 6 Receipt of hearing statements etc.

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

rule 6(4) omitted by Town and Country Planning (Hearings and Inquiries Procedures) 2009 rule 2(6)(a)
rule 6(5)(a) word inserted by Town and Country Planning (Hearings and Inquiries Procedures) 2009 rule 2(6)(b)(i)
rule 6(5)(b) words omitted by Town and Country Planning (Hearings and Inquiries Procedures) 2009 rule 2(6)(b)(ii)
rule 6(6)(b) words omitted by Town and Country Planning (Hearings and Inquiries Procedures) 2009 rule 2(6)(c)
rule 6(7) word substituted by Town and Country Planning (Hearings and Inquiries Procedures) 2009 rule 2(6)(d)
rule 6(8) words substituted by Town and Country Planning (Hearings and Inquiries Procedures) 2009 rule 2(6)(e)
rule 6 title words substituted by Town and Country Planning (Hearings and Inquiries Procedure) 2013 rule 5(4)(a)
rule 6 words substituted by Town and Country Planning (Hearings and Inquiries Procedure) 2013 rule 5(4)(b)

(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.

(2)

The Secretary of State may in writing require the appellant and the local planning authority to provide such further information about the matters contained in their hearing statement as he may specify; such information shall be provided in writing and the appellant or the local planning authority, as the case may be, shall ensure that 2 copies are received by the Secretary of State and a copy is received by any statutory party within such period as the Secretary of State may reasonably require.

(3)

Any statutory party, and any person who made representations to the local planning authority about the application occasioning the appeal or who was notified about the application occasioning the appeal, shall ensure that the Secretary of State has received 3 copies of any written comments they wish to make concerning the appeal within 6 weeks of the starting date.

(4)

The appellant and the local planning authority shall ensure that the Secretary of State has received 2 copies and any statutory party a copy of any comments the local planning authority and the appellant wish to make on—

(a)

each other’s hearing statement;

(b)

comments made pursuant to paragraph (3); and

(c)

comments made to them by any other person,

within 9 weeks of the starting date.

(5)

The Secretary of State shall send, as soon as practicable after receipt, a copy of any—

(a)

hearing statement received by him pursuant to paragraph (1), further information provided pursuant to paragraph (2) and any comments received pursuant to paragraph (4) from, in each case, the appellant or the local planning authority to the other of those two parties; and

(b)

written comments made by persons pursuant to paragraph (3), to the local planning authority and the appellant.

(6)

The local planning authority shall afford to any person who so requests a reasonable opportunity to inspect, and where practicable, take copies of—

(a)

the local planning authority’s completed questionnaire, hearing statement and any document copied to the authority under paragraph (5); and

(b)

further information provided by the authority under paragraph (2) and comments made by the authority under paragraph (4),

and shall specify in their hearing statement the time and place where such opportunity shall be afforded.

(7)

The Secretary of State shall send to the inspector, as soon as practicable after receipt, any hearing statement, document, part of any document or written comments received by the Secretary of State within the relevant period specified for receiving such documents pursuant to paragraphs (1) to (4).

(8)

In the case of a non-transferred appeal, the Secretary of State, and in the case of a transferred appeal, the inspector, may in determining the appeal disregard any comments made pursuant to paragraphs (3) and (4) which are received after the relevant period specified for receipt.