Article 4 Date and notification of hearingI1

England and Wales

(1)

The date fixed by the Secretary of State for the holding of a hearing must be—

(a)

not later than 5 weeks after the end of the representation period, unless he considers such a date impracticable, or

(b)

the earliest date after that period which he considers to be practicable.

(2)

Subject to paragraph (3), the Secretary of State must give F1at least the minimum amount of notice of—

(a)

the date, time and place fixed by him for the holding of a hearing, and

(b)

the name of the inspector holding the hearing,

to each of the persons entitled to appear at the hearing (whether by publication on a website or otherwise).

(3)

The Secretary of State may vary the date, time and place fixed for the holding of a hearing and must give such notice of any variation as appears to him to be reasonable.

F2(3A)

In paragraph (2) “the minimum amount of notice” means—

(a)

in relation to a hearing to be held regarding a relevant application in respect of major development, 2 weeks’;

(b)

in relation to a hearing to be held regarding a relevant application in respect of non-major development, five working days’.

(4)

Where the Secretary of State appoints another inspector instead of the person previously appointed and it is not practicable to give written notice under paragraph (2) of the new appointment before the hearing is held, the inspector holding the hearing must, at its commencement, announce their name and the fact of their appointment.

(5)

Where—

(a)

a notice of a hearing has been given under paragraph (2) or (3), and

(b)

the relevant application is withdrawn before the date fixed for the hearing,

the Secretary of State must cancel the hearing and give such notice of the cancellation to the persons previously notified as appears to him to be reasonable.

F3(6)

In this rule, “major development” and “non-major development” have the meanings given by regulation 3 of the Town and Country Planning (Section 62A Applications) (Written Representations and Miscellaneous Provisions) Regulations 2013.

Annotations

Textual amendments

F1: Words in rule 4(2) substituted (21.10.2016) by The Town and Country Planning (Section 62A Applications) (Hearings) (Amendment) Rules 2016 (S.I. 2016/955), rules 1, 2(3)(a)
F2: Rule 4(3A) inserted (21.10.2016) by The Town and Country Planning (Section 62A Applications) (Hearings) (Amendment) Rules 2016 (S.I. 2016/955), rules 1, 2(3)(b)
F3: Rule 4(6) inserted (21.10.2016) by The Town and Country Planning (Section 62A Applications) (Hearings) (Amendment) Rules 2016 (S.I. 2016/955), rules 1, 2(3)(c)

Commencement

I1: Rule 4 in force at 1.10.2013, see rule 1(2)