Article 10 Procedure after hearing: recovered applicationsI1

England and Wales

(1)

This rule applies where a hearing has been held for the purposes of a recovered application.

(2)

After the close of the hearing, the inspector must prepare a written statement setting out his conclusions and his recommendations or his reasons for not making any recommendations (“the inspector’s statement”) and send a copy of it to the Secretary of State.

(3)

When making his determination, the Secretary of State—

(a)

must take into account—

(i)

any representations made to him pursuant to any notice of, or information about, or consultation in relation to, the application, under articles 9, 13, 14, 16, 17 or 18 of the 2013 Order which are received within the representation period; and

(ii)

any representations made at the hearing.

(b)

may disregard any representations or information received after the hearing has closed.

(4)

If, when making his determination, the Secretary of State—

(a)

differs from the inspector on any matter of fact mentioned in, or appearing to him to be material to, a conclusion reached in the inspector’s statement, or

(b)

takes into consideration any new information (not being a matter of government policy),

and is for that reason disposed to disagree with a recommendation made in the inspector’s statement, the Secretary of State must not come to a decision which is at variance with that recommendation without first—

(i)

notifying in writing the persons entitled to appear at the hearing of his disagreement and the reasons for it; and

(ii)

affording them an opportunity of making written representations to him.

Annotations

Commencement

I1: Rule 10 in force at 1.10.2013, see rule 1(2)