Article 9 Procedure after hearing: standard applicationsI1

England and Wales

(1)

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

(2)

After the close of the hearing, the inspector must prepare a written statement setting out his decision and his reasons for it.

(3)

When making his determination, the inspector—

(a)

must take into account—

(i)

any representations made to the Secretary of State 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, an inspector proposes to take into consideration any new representations or information (not being a matter of government policy) which was not raised at the hearing and which he considers to be material to his decision, the inspector must not come to a decision without first—

(a)

notifying in writing the persons entitled to appear at the hearing of the matter in question; and

(b)

affording them an opportunity of making written representations to him.

Annotations

Commencement

I1: Rule 9 in force at 1.10.2013, see rule 1(2)