OpenLegislation

Article 6 Service of statements of case etc.

Original text. Later amendments are not shown.

(1)

The local planning authority shall, not later than—

(a)

6 weeks after the relevant date, or

(b)

where a pre-inquiry meeting is held pursuant to rule 5, 4 weeks after the conclusion of that meeting,

serve a statement of case on the Secretary of State, the applicant and any section 29(3) party.

(2)

Where rule 4(2) applies, the local planning authority shall, unless they have already done so in an outline statement, include in their statement of case the matters mentioned in rule 5(5)(a) and shall supply a copy of the statement to the person or body concerned.

(3)

The applicant shall, not later than—

(a)

in the case of a referred application where no pre-inquiry meeting is held pursuant to rule 5, 6 weeks after the relevant date, or

(b)

in the case of an appeal where no such meeting is held, 9 weeks after the relevant date, or

(c)

in any case where a pre-inquiry meeting is held pursuant to rule 5, 4 weeks after the conclusion of that meeting,

serve a statement of case on the Secretary of State, the local planning authority and any section 29(3) party.

(4)

The Secretary of State may in writing require any other person who has notified him of an intention or a wish to appear at an inquiry to serve a statement of case, within 4 weeks of being so required, on the applicant, the local planning authority, the Secretary of State and any (or any other) section 29(3) party.

(5)

The Secretary of State shall supply any person from whom he requires a statement of case in accordance with paragraph (4) with a copy of the local planning authority’s and the applicant’s statement of case and shall inform that person of the name and address of every person on whom his statement of case is required to be served.

(6)

The Secretary of State or an inspector may require any person who has served a statement of case in accordance with this rule to provide such further information about the matters contained in the statement as he may specify.

(7)

Any person serving a statement of case on the local planning authority shall serve with it a copy of any document, or of the relevant part of any document, referred to in it.

(8)

Unless he has already done so, the Secretary of State, in the case of a referred application, shall, and, in the case of an appeal, may, not later than 12 weeks from the relevant date, serve a written statement of the matters referred to in that paragraph on the applicant, the local planning authority, any section 29(3) party and any person from whom he has required a statement of case.

(9)

The local planning authority shall afford to any person who so requests a reasonable opportunity to inspect and, where practicable, take copies of any statement or document which, or a copy of which, has been served on them in accordance with any of the preceding paragraphs of this rule, and of any statement so served by them together with a copy of any document, or of the relevant part of any document, referred to in it; and shall specify in the statement served in accordance with paragraph (1) the time and place at which the opportunity will be afforded.