Article 7 Service of statements of case, etcI1

England and Wales

(1)

The applicant shall not later than—

(a)

6 weeks after the starting date; or

(b)

where a pre-inquiry meeting is held pursuant to rule 6, 4 weeks after the conclusion of that meeting,

serve a statement of case on the Secretary of State and on each statutory objector and each person who is required to serve a statement of case under paragraph (3).

(2)

In addition to the statement of case served under paragraph (1), the applicant shall serve—

(a)

upon the Secretary of State a copy of every document or the relevant part of any document which he intends to refer to or put in evidence and of the notice mentioned in sub-paragraph (b), and

F1(b)

upon each statutory objector and each person who is required to serve a statement of case under paragraph (3), a notice giving—

(i)

the names of all places, within each area in which the proposals contained in the application are to have effect (or as close as reasonably practicable to that area) where, at all reasonable hours until the date of commencement of the inquiry—

(aa)

a copy of every document, or

(bb)

the relevant part of any document,

on which the applicant intends to refer to or put in evidence may be inspected or viewed in an electronic form free of charge; or

(ii)

details of a website where a copy of the application and every document required by these Rules to accompany it are displayed.

(3)

When required by notice in writing from the Secretary of State to do so—

(a)

a statutory objector; or

(b)

any other person who has notified him of an intention or wish to appear at the inquiry,

shall within 6 weeks from the date of such notice or, where a pre-inquiry meeting is held pursuant to rule 6, no later than 4 weeks after the conclusion of that meeting, serve a statement of case on the Secretary of State, on the applicant and on any other person specified in such notice and the Secretary of State shall notify the applicant forthwith of the name and address of each person required to serve a statement of case.

(4)

In addition to the statement of case served under paragraph (3), every person mentioned in paragraph (3)(a) and (b) shall serve upon the Secretary of State and the applicant a copy of every document or the relevant part of any document which such person intends to refer to or put in evidence unless copies of the document or part of the document are available for inspection pursuant to paragraph (9).

(5)

Any person who has served a statement of case in accordance with this rule shall—

(a)

when required by notice in writing from the Secretary of State or the inspector provide such further information about the matters contained in the statement as the Secretary of State or the inspector may specify; and

(b)

at the same time send a copy of such further information to any other person on whom the statement of case has been served.

(6)

Unless a statement of matters has already been served pursuant to rule 6(2), the Secretary of State shall, within 12 weeks from the starting date, serve such a statement on the applicant, each statutory objector and any person from whom he has required a statement of case.

(7)

The Secretary of State may amend a statement of matters served under paragraph (6) or rule 6(2) at any time up to 6 weeks before the commencement of the inquiry.

(8)

Any person who has served a statement of case in accordance with this rule and who wishes to comment on another person’s statement of case shall, not later than 6 weeks before the date fixed for the commencement of the inquiry, send further comments in writing to the Secretary of State, the applicant and the person whose statement of case is the subject of the comment if that person is not the applicant.

(9)

The applicant shall afford to any person who so requests a reasonable opportunity to inspect and, where practicable and subject to payment by that person of a reasonable charge, take copies of any statement or document which, or a copy of which, has been served on or by him in accordance with any of the preceding paragraphs of this rule; and shall specify in his statement of case the time and place at which the opportunity will be afforded.

Annotations

Textual amendments

F1: Rule 7(2)(b) substituted (11.8.2023) by The Transport and Works (Applications, Objections and Inquiries Procedure) (Amendment) (England and Wales) Rules 2023 (S.I. 2023/795), rules 1(1), 2(3) (with rule 1(5))

Commencement

I1: Rule 7 in force at 23.8.2004, see rule 1