Article 23 Mayor of London

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

rule 23(2)(a) substituted by Town and Country Planning (Hearings and Inquiries Procedures) 2009 rule 4(11)(a)
rule 23(2)(d)(x)(xi) omitted by Town and Country Planning (Hearings and Inquiries Procedures) 2009 rule 4(11)(b)
Rules superseded by Town and Country Planning (Major Infrastructure Project Inquiries Procedure) 2002 rule 26(2)

(1)

In this rule “the Mayor” means the Mayor of London.

(2)

Where an inquiry is held into an application, or an appeal arising from such an application, in respect of which the Mayor has directed the local planning authority to refuse the application these Rules shall apply subject to the following modifications—

(a)

in rule 2—

(i)

in the definition of the “relevant notice” after “the applicant” insert “, the Mayor”;

(ii)

in sub-paragraph (a) of the definition of the “starting date” after “the applicant” insert “, the Mayor”;

(b)

in rule 4—

(i)

in paragraph (1) after “inform the Secretary of State” and after “inform the applicant” insert “, the Mayor”;

(ii)

in paragraph (2) after sub-paragraph (d) insert—

“or

(e)

the Mayor has given to the local planning authority a direction to refuse the application for planning permission.”;

(iii)

in paragraph (4)(a) after the “Secretary of State” insert “, the Mayor”;

(c)

in rule 5—

(i)

in paragraph (2)(d) after “the applicant” insert “, the Mayor”;

(ii)

for paragraph (3) substitute—

“The Secretary of State shall as soon as practicable after receipt send—

(a)

copies of the outline statements of the applicant and the Mayor to the local planning authority;

(b)

copies of the outline statements of the applicant and the local planning authority to the Mayor; and

(c)

copies of the outline statements of the local planning authority and the Mayor to the applicant.”;

(iii)

in paragraph (5) after both references to “the applicant” insert “, the Mayor”;

(iv)

in paragraph (10) after the first reference to “from the applicant” insert “the Mayor”, for “2” substitute “3” and for “send a copy of the further information received from the applicant to the local planning authority and a copy of the further information received from the local planning authority to the applicant” substitute—

“send—

(a)

copies of the further information received from the applicant and the Mayor to the local planning authority;

(b)

copies of the further information received from the applicant and the local planning authority to the Mayor; and

(c)

copies of the further information received from the local planning authority and the Mayor to the applicant.”;

(d)

in rule 6—

(i)

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

(ii)

in paragraph (3) for “2” substitute “3”;

(iii)

for paragraph (4) substitute—

“The Secretary of State shall as soon as practicable after receipt send—

(a)

copies of the statements of case of the applicant and the Mayor to the local planning authority;

(b)

copies of the statements of case of the applicant and the local planning authority to the Mayor; and

(c)

copies of the statements of case of the local planning authority and the Mayor to the applicant.”;

(iv)

in paragraph (5) for “The applicant and the local planning authority may in writing each require the other” substitute—

“Any party required to provide a statement of case pursuant to paragraph (1) or (3) may in writing require any other party so required”;

(v)

in paragraph (6) for “3” substitute “4” and after “the local planning authority” insert “, to the Mayor”;

(vi)

in paragraph (7)(a) after “the applicant” insert “, the Mayor”;

(vii)

in paragraph (9) after “A local planning authority” insert “, the Mayor”, in sub-paragraph (a) for “2” substitute “3” and for “send a copy of the further information received from the local planning authority to the applicant and copy of the further information received from the applicant to the local planning authority” substitute—

“send—

(a)

copies of the further information received from the applicant and the Mayor to the local planning authority;

(b)

copies of the further information received from the applicant and the local planning authority to the Mayor; and

(c)

copies of the further information received from the local planning authority and the Mayor to the applicant.”;

(viii)

in paragraph (10) for “3” substitute “4” and after “the local planning authority” insert “, the Mayor”;

(ix)

in paragraph (12) at the end of sub-paragraph (c) delete “and” and after paragraph (d) add—

“and

(e)

the Mayor.”;

(x)

in paragraph (14) after the first reference to “the local planning authority” insert “, the Mayor”, for “2” substitute “3” and for “to the local planning authority and a copy of the written comments received from the local planning authority to the appellant.” substitute—

“and the Mayor to the local planning authority, a copy of the written comments received from the applicant and the local planning authority to the Mayor and a copy of the written comments received from the local planning authority and the Mayor to the applicant.”;

(xi)

in paragraph (15) for “3” substitute “4” and after “to the local planning authority” insert “, the Mayor”.

(e)

in rule 7(2)—

(i)

at the end of sub-paragraph (c) delete “and”,

(ii)

after sub-paragraph (d) add—

“and

(e)

the Mayor.”;

(f)

in rule 10(3) after “the applicant” insert “, the Mayor”;

(g)

in rule 11(1) after sub-paragraph (h) insert—

“(i)

the Mayor in relation to an inquiry arising from an application in respect of which he has given to the local planning authority a direction to refuse the application.”;

(h)

in rule 12—

(i)

after paragraph(1)(c) insert

“or

(d)

the Mayor has given to the local planning authority a direction to refuse the application for planning permission,”; and

(ii)

after “body concerned” insert “or of the Mayor”;

(i)

in rule 13—

(i)

in paragraph (1)(a) after “the local planning authority” insert “, the Mayor”, for “2” substitute “3” and for “3” substitute “4”; and

(ii)

in paragraph (1) after “summary to the local planning authority” insert “, the Mayor”;

(j)

in rule 14(1) after “The local planning authority” insert “, the Mayor”;

(k)

in rule 15(5) after “the local planning authority” insert “, the Mayor”;

(l)

in rule 17(7) after “the applicant” insert “, the Mayor”.

(3)

Where an inquiry is held into an application or an appeal arising from such an application, in respect of which the local planning authority was required to notify the Mayor but which is not an application or an appeal falling within paragraph (2) these Rules shall apply as if the Mayor were a statutory party.