Article 17 Procedure after inquiry
After the close of an inquiry, the inspector must make a report in writing to the National Assembly which includes the inspector’s conclusions and recommendations (or the inspector’s reasons for not making any recommendations).
Where an assessor has been appointed, the assessor may, after the close of the inquiry, make a report in writing to the inspector in respect of the matters on which the assessor was appointed to advise.
Where an assessor makes a report in accordance with paragraph (2), the inspector must append it to the inspector’s own report and must state in that report how far the inspector agrees or disagrees with the assessor’s report and, where the inspector disagrees with the assessor, the reasons for that disagreement.
When making its decision, the National Assembly may disregard any written representations, evidence or any other document received after the close of the inquiry.
If, after the close of an inquiry, the National Assembly—
differs from the inspector on any matter of fact mentioned in, or appearing to it to be material to, a conclusion reached by the inspector; or
takes into consideration any new evidence or new matter of fact (not being a matter of National Assembly policy),
and is for that reason disposed to disagree with a recommendation made by the inspector, the National Assembly must not come to a decision which is at variance with that recommendation without first notifying the applicant, the local planning authority and the persons entitled to, and who did, take part in the inquiry of its disagreement and the reasons for it; and affording them an opportunity of making written representations to the National Assembly or (if the National Assembly has taken into consideration any new evidence or new matter of fact, not being a matter of National Assembly policy) of asking for the re-opening of the inquiry.
Those persons making written representations or requesting the inquiry to be re-opened under paragraph (5), must ensure that such representations or requests are received by the National Assembly within 3 weeks of the date of the National Assembly’s notification under that paragraph.
The National Assembly may, as it thinks fit, cause an inquiry to be re-opened, and it must do so if asked by the applicant or the local planning authority in the circumstances mentioned in paragraph (5) and within the period mentioned in paragraph (6); and where an inquiry is re-opened (whether by the same or a different inspector)—
the National Assembly must send to the persons entitled to, and who did, take part in the inquiry a written statement of the matters with respect to which further evidence is invited; and
paragraphs (3) to (8) of rule 10 apply as if the references to an inquiry were references to a re-opened inquiry.