# The Town and Country Planning (Various Inquiries) (Procedure) (Amendment) Rules 1986, Schedule 2: AMENDMENT OF THE TOWN AND COUNTRY PLANNING APPEALS (DETERMINATION BY APPOINTED PERSONS) (INQUIRIES PROCEDURE) RULES 1974


In rule 2,—
(a) in paragraph 1(c) for “section 8 of and Schedule 2 to the Town and Country Planning (Amendment) Act 1972” there shall be substituted “section 277A of that Act”; and
(b) paragraph (2) shall be omitted.
In rule 3(1),—
(a) after the definition of “appointed person” the following definition shall be inserted:—
““the Commission” means the Historic Buildings and Monuments Commission for England; ”;
(b) the definition of “county planning authority” and “district planning authority” shall be omitted;
(c) in the definition of “listed building consent” for “section 8 of the Town and Country Planning (Amendment) Act 1972” there shall be substituted “section 277A of the Act”; and
(d) there shall be substituted for the definition of “local planning authority” the following:—
““local planning authority” means the local planning authority, or any local authority or committee acting pursuant to section 101 of the Act of 1972, who were responsible for dealing with the application. ”.
There shall be added as rule 4(3) the following paragraph:—
“(3) Where, in a case relating to listed building consent, the Commission has given a direction to the local planning authority pursuant to paragraph 6(2)(b) of Schedule 11 to the Act as to how the application is to be determined, the Commission shall at the request of that authority forthwith provide them with a statement in writing of the reasons for the direction.”.
There shall be added as rule 7(2A) the following paragraph:—
“(2A) In a case where any such direction as is mentioned in rule 4(3) has been given, the local planning authority shall include in their statement the terms of the direction and of any statement of reasons for the direction provided by the Commission.”.
In rule 9(1),—
(a) there shall be inserted after “Greater London” in paragraph (c) the words “or a metropolitan county”; and
(b) there shall be added after sub-paragraph (j) the following sub-paragraph:—
“(k) where the application was required to be notified to the Commission under paragraph 6 of Schedule 11 to the Act (listed building consent in Greater London), the Commission.”.
There shall be added as rule 11A:—
“Representatives of the Commission at inquiry
11A (1) In a case falling within rule 4(3), the applicant or the local planning authority may, not later than 14 days before the date of the inquiry, apply in writing to the Secretary of State for a representative of the Commission to be made available at the inquiry.
(2) The Secretary of State shall transmit any application made under paragraph (1) to the Commission who shall make a representative available to attend the inquiry.
(3) A representative of the Commission who, in pursuance of paragraph (2), attends the inquiry shall be called as a witness by the local planning authority and shall give evidence and be subject to cross-examination to the same extent as any other witness.”.
Rule 19 shall be omitted.

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Source: https://www.legislation.gov.uk/uksi/1986/420/schedule/2 (the official version)
Page: https://openlegislation.uk/town-and-country-planning-various-inquiries-procedure-amendment-rules-1986/schedule-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.