The Town and Country Planning (Hearings and Inquiries Procedure) (England) (Amendment) Rules 2013

Contents

1Citation, commencement and application#

These Rules may be cited as the Town and Country Planning (Hearings and Inquiries Procedure) (England) (Amendment) Rules 2013 and shall come into force on 1st October 2013.

2Citation, commencement and application#

These Rules apply in relation to England only.

3Amendments to the Town and Country Planning (Inquiries Procedure) (England) Rules 2000#

(1)The Town and Country Planning (Inquiries Procedure) (England) Rules 2000 are amended in accordance with this rule.

(2)After rule 23A (modifications where national security direction given and for urgent Crown development or works) insert—“23B 1 Subject to paragraph (2) these Rules shall apply subject to the modifications set out in this rule in relation to an appeal made under—a section 78 of the Planning Act;b section 20 of the Listed Buildings Act; orc section 20 of the Listed Buildings Act as applied by section 74(3) of that Act.2 These modifications shall not apply—a where a direction is given by the Secretary of State under section 321(3) of the Planning Act or paragraph 6(6) of Schedule 3 to the Listed Buildings Act (matters related to national security);b where section 293A of the Planning Act or section 82B of the Listed Buildings Act (urgent Crown development) applies;c in relation to type A or type B appeals within the meaning in article 33(7) of the Town and Country Planning (Development Management Procedure) (England) Order 2010 (appeals); ord in relation to any appeal transferred out of Part 1 of the Town and Country Planning (Appeals) (Written Representations Procedure) (England) Regulations 2009 under regulation 9 of those Regulations.3 In rule 2 (interpretation)—a after the definition of “document” insert—• “draft statement of common ground” means the draft statement of common ground (if any) submitted in accordance with article 33 of the 2010 Order or regulation 8 of the Listed Buildings Regulationsb after the definition of “electronic communication” insert—• “full statement of case”—(a) means, in relation to the applicant, the full statement of case submitted with their notice of appeal under article 33 of the 2010 Order or regulation 8 of the Listed Buildings Regulations; and(b) in relation to everyone else means, and is comprised of, a written statement which contains full particulars of the case which a person proposes to put forward and copies of any documents which that person intends to refer to or put in evidence;c after the definition of “the Listed Buildings Act” insert—• “the Listed Buildings Regulations” means the Planning (Listed Buildings and Conservation Areas) Regulations 1990;d after the definition of “local planning authority” insert—• “the 2010 Order” means the Town and Country Planning (Development Management Procedure) (England) (Order) 2010e for the definition of “outline statement” substitute—• “outline statement” means—(a) in relation to the applicant, the full statement of case submitted with their notice of appeal under article 33 of the 2010 Order or regulation 8 of the Listed Buildings Regulations; and(b) in relation to everyone else, a written statement of the principal submissions which a person proposes to put forward at an inquiry.f omit the definition of “statement of case”.4 In rule 5 (procedure where Secretary of State causes pre-inquiry meeting to be held)—a in paragraph (2)(d) omit “the applicant and”; andb in paragraph (3) omit the words from “and a copy of the applicant’s” to the end.5 In rule 6 (receipt of statements of case etc)—a in the title insert “full” before “statements of case”;b substitute “full statement of case” for “statement of case” wherever it appears;c for paragraph (3) substitute—3 As soon as practicable after receiving the information in rule 4(1) (preliminary information to be supplied by local planning authority) the applicant shall ensure that a copy of their full statement of case has been received by any statutory party.3A In any case where a pre-inquiry meeting is held pursuant to rule 5, the applicant may modify their full statement of case following that meeting.3B Where paragraph 3A applies, and the applicant wishes to make modifications, they shall ensure that a copy of their modified full statement of case has been received by the Secretary of State, the local planning authority and any statutory party within 4 weeks of the conclusion of that pre-inquiry meeting.d in paragraph (4) omit the words from “and a copy of the applicant’s” to the end;e omit paragraph (5);f in paragraph (8)—i substitute “either of them” for the first “him”; andii insert “, article 33 of the 2010 Order, or regulation 8 of the Listed Buildings Regulations” after “in accordance with this rule”;g omit paragraph (11);h in paragraph (13)—i in sub-paragraph (a) insert “, article 33 of the 2010 Order, or regulation 8 of the Listed Buildings Regulations” after “in accordance with this rule”; andii in sub-paragraph (b) omit from “together with a copy” to “comprised in that statement”; andi in paragraph (16) insert “, article 33 of the 2010 Order, or regulation 8 of the Listed Buildings Regulations,” after “in accordance with this rule”, and omit “in this Rule”.6 In rule 10(8)(d) insert “, article 33 of the 2010 Order, or regulation 8 of the Listed Buildings Regulations,” after “pursuant to rule 6”.7 In rule 11(1)(h) (appearances at inquiry) substitute “full statement of case” for “statement of case”.8 In rule 15(10) (procedure at inquiry)—a substitute “full statement of case” for “statement of case” andb insert “, article 33 of the 2010 Order, or regulation 8 of the Listed Buildings Regulations,” after “under rule 6”.9 In rule 21(1)(b) (additional copies)—a substitute “full statement of case” for “statement of case”; andb insert “, article 33 of the 2010 Order, or regulation 8 of the Listed Buildings Regulations” after “with rule 6”.10 In rule 23(2)(c) (Mayor of London: modifications to rule 5)—a for paragraph (i) substitute—i in paragraph (2)(d) after “the local planning authority” insert “and the Mayor”;b in paragraph (ii) in the substituted paragraph (3)—i in sub-paragraph (a) substitute “statement” for “statements” and omit “the applicant and”; andii in sub-paragraph (b) substitute “statement” for “statements” and omit “the applicant and”.11 In rule 23(2)(d) (Mayor of London: modifications to rule 6)—a substitute “full statement of case” for “statement of case” wherever it appears;b for paragraph (ii) substitute—ii in paragraph (3) insert “and the Mayor, and that the Mayor has received a copy of their draft statement of common ground” after “any statutory party”;iia in paragraph (3B) insert “, the Mayor” after “local planning authority”;c in paragraph (iii) in the substituted paragraph (4)—i in sub-paragraph (a) substitute “statement” for “statements” and omit “the applicant and”;ii in sub-paragraph (b) substitute “statement” for “statements” and omit “the applicant and”; andd omit paragraph (iv).”

4Amendments to the Town and Country Planning Appeals (Determination by Inspectors) (Inquiries Procedure) (England) Rules 2000#

(1)Subject to rule 6, the Town and Country Planning Appeals (Determination by Inspectors) (Inquiries Procedure) (England) Rules 2000 are amended in accordance with this rule.

(2)In rule 2 (interpretation)—

(a)after the definition of “document” insert—“• “draft statement of common ground” means the draft statement of common ground (if any) submitted in accordance with article 33 of the 2010 Order or regulation 8 of the Listed Buildings Regulations”

(b)after the definition of “electronic communication” insert—“• “full statement of case”—(a) means, in relation to the applicant, the full statement of case submitted with their notice of appeal under article 33 of the 2010 Order or regulation 8 of the Listed Buildings Regulations; and(b) in relation to everyone else means, and is comprised of, a written statement which contains full particulars of the case which a person proposes to put forward and copies of any documents which that person intends to refer to or put in evidence;”

(c)after the definition of “the Listed Buildings Act” insert—“• “the Listed Buildings Regulations” means the Planning (Listed Buildings and Conservation Areas) Regulations 1990;”

(d)after the definition of “local planning authority” insert—“• “the 2010 Order” means the Town and Country Planning (Development Management Procedure) (England) (Order) 2010”

(e)omit the definition of “statement of case”.

(3)In rule 4(4) (preliminary information to be supplied by local planning authority) substitute “1 week” for “2 weeks”.

(4)In rule 6 (receipt of statements of case etc)—

(a)in the title insert “full” before “statements of case”;

(b)substitute “full statement of case” for “statement of case” wherever it appears;

(c)in paragraph (1) substitute “5 weeks” for “6 weeks”;

(d)for paragraph (3) substitute—“3 As soon as practicable after receiving the information in rule 4(1) (preliminary information to be supplied by local planning authority), the appellant shall ensure that a copy of their full statement of case has been received by any statutory party.”

(e)in paragraph (4) omit the words from “and a copy of the appellant’s” to the end;

(f)omit paragraph (5);

(g)in paragraph (8) insert “, article 33 of the 2010 Order, or regulation 8 of the Listed Buildings Regulations,” after “in accordance with these Rules”;

(h)omit paragraph (11);

(i)in paragraph (12) insert “, article 33 of the 2010 Order, or regulation 8 of the Listed Buildings Regulations,” after “in accordance with this rule”, and omit the words “in this rule”; and

(j)in paragraph (13)—

(i)in sub-paragraph (a) insert “, article 33 of the 2010 Order, or regulation 8 of the Listed Buildings Regulations” after “in accordance with this rule”; and

(ii)in sub-paragraph (b) omit from “together with a copy” to “comprised in that statement”.

(5)In rule 7(1) (statement of matters and pre-inquiry meetings) substitute “10 weeks” for “12 weeks”.

(6)In rule 10 (date and notification of inquiry)—

(a)in paragraph (1)(a) substitute “16 weeks” for “20 weeks”;

(b)in paragraph (3) substitute “16 weeks” for “20 weeks”; and

(c)in paragraph (7)(d) insert “, article 33 of the 2010 Order, or regulation 8 of the Listed Buildings Regulations,” after “pursuant to rule 6”.

(7)In rule 11(1)(h) (appearances at inquiry) substitute “full statement of case” for “statement of case”.

(8)In rule 15(1)(b) (statement of common ground) substitute “5 weeks” for “6 weeks”.

(9)In rule 16(10) (procedure at inquiry)—

(a)substitute “full statement of case” for “statement of case”; and

(b)insert “, article 33 of the 2010 Order, or regulation 8 of the Listed Buildings Regulations,” after “under rule 6”.

(10)In rule 22(1)(a) (additional copies)—

(a)substitute “full statement of case” for “statement of case”; and

(b)insert “, article 33 of the 2010 Order, or regulation 8 of the Listed Buildings Regulations” after “with rule 6”.

(11)In rule 24(2)(c) (Mayor of London: modifications to rule 6)—

(a)substitute “full statement of case” for “statement of case” wherever it appears;

(b)for paragraph (ii) substitute—“ii in paragraph (3) insert “and the Mayor, and that the Mayor has received a copy of their draft statement of common ground” after “any statutory party”;”

(c)in paragraph (iii) in the substituted paragraph (4)—

(i)in sub-paragraph (a) substitute “statement” for “statements” and omit “the appellant and”; and

(ii)in sub-paragraph (b) substitute “statement” for “statements” and omit “the appellant and”; and

(d)omit paragraph (iv).

5Amendments to the Town and Country Planning (Hearings Procedure) (England) Rules 2000#

(1)Subject to rule 6, the Town and Country Planning (Hearings Procedure) (England) Rules 2000 are amended in accordance with this rule.

(2)In rule 2 (interpretation)—

(b)after the definition of “electronic communication” insert—“• “full statement of case”—(a) means, in relation to the appellant, the full statement of case submitted with their notice of appeal under article 33 of the 2010 Order or regulation 8 of the Listed Buildings Regulations; and(b) in relation to everyone else means, and is comprised of, a written statement which contains full particulars of the case which a person proposes to put forward and copies of any documents which that person intends to refer to or put in evidence;”

(c)omit the definition of “hearing statement”; and

(d)after the definition of “Listed Buildings Act” insert—“• “the Listed Buildings Regulations” means the Planning (Listed Buildings and Conservation Areas) Regulations 1990;”

(e)after the definition of “non-transferred appeal” insert—“• “the 2010 Order” means the Town and Country Planning (Development Management Procedure) (England) (Order) 2010;”

(f)after the definition of “starting date” insert—“• “statement of common ground” means a written statement prepared jointly by the local planning authority and the appellant, which contains agreed factual information about the proposal which is the subject of the appeal.”

(3)In rule 4(2) (preliminary information to be supplied by local planning authority) substitute “1 week” for “2 weeks”.

(4)In rule 6 (receipt of hearing statements etc)—

(a)in the title substitute “full statements of case” for “hearing statements”;

(b)substitute “full statement of case” for “hearing statement” wherever it appears;

(c)for paragraph (1) substitute—“1 As soon as practicable after receiving the information in rule 4(1) (preliminary information to be supplied by local planning authority), the appellant shall ensure that a copy of their full statement of case has been received by any statutory party.1A The local planning authority shall ensure that, within 5 weeks of the starting date, 2 copies of their full statement of case have been received by the Secretary of State, and that a copy has been received by any statutory party.”

(d)in paragraph (3) substitute “5 weeks” for “6 weeks”;

(e)in paragraph (5)(a) substitute “paragraph (1A)” for “paragraph (1)”;

(f)in paragraph (6)(a) insert “, article 33 of the 2010 Order, or regulation 8 of the Listed Buildings Regulations” after “under paragraph (5)”; and

(g)in paragraph (7) substitute “paragraphs (1A) to (3), article 33 of the 2010 Order, or regulation 8 of the Listed Buildings Regulations” for “paragraphs (1) to (3)”.

(5)After rule 6 insert—“6A 1 The local planning authority and the appellant shall—a together prepare an agreed statement of common ground; andb ensure that the Secretary of State receives it and that any statutory party receives a copy of it within 5 weeks of the starting date.2 The local planning authority shall afford to any person who so requests, a reasonable opportunity to inspect, and where practicable, take copies of the statement of common ground sent to the Secretary of State.3 For the purposes of the previous paragraph, an opportunity shall be taken to have been afforded to a person where the person is notified of—a publication of the statement of common ground on a website;b the address of the website; andc the place on the website where the document may be accessed and how it may be accessed.”

(6)In rule 7 (date and notification of hearing)—

(a)in paragraph (1)(a) substitute “10 weeks” for “12 weeks”;

(b)in paragraph (3) substitute “10 weeks” for “12 weeks”; and

(c)in paragraph (6)(d) insert “, article 33 of the 2010 Order, or regulation 8 of the Listed Buildings Regulations,” after “pursuant to rule 6”.

(7)In rule 11(9) (procedure at hearing)—

(a)substitute “full statement of case” for “hearing statement”; and

(b)insert “, article 33 of the 2010 Order, or regulation 8 of the Listed Buildings Regulations,” after “received under rule 6”.

(8)In rule 18(2)(a) (further time and additional copies)—

(a)substitute “full statement of case” for “hearing statement”; and

(b)insert “, article 33 of the 2010 Order, or regulation 8 of the Listed Buildings Regulations” after “rule 6”.

(9)In rule 20(2)(c) (Mayor of London: modifications to rule 6) for paragraph (i) substitute—“i in paragraph (1) insert “and the Mayor, and that the Mayor has received a copy of their draft statement of common ground” after “any statutory party”;ia in paragraph (1A) insert “and the Mayor” after “The local planning authority” and substitute “3” for “2”;”

(10)After rule 20(2)(c) insert—“ca in rule 6A(1) after “The local planning authority” insert “, the Mayor”.”

6Savings#

Rules 4 and 5 do not apply in relation to—

(a)type A or type B appeals (within the meaning in article 33(7) of the Town and Country Planning (Development Management Procedure) (England) Order 2010 (appeals)); or

(b)any appeal transferred out of Part 1 of the Town and Country Planning (Appeals) (Written Representations Procedure) (England) Regulations 2009 under regulation 9 of those Regulations.

7Transitional provisions#

(1)These Rules do not apply in relation to—

(a)any appeal under section 78(1) of the Planning Act or section 20(1) of the Listed Buildings Act relating to an application determined before these Rules come into force; or

(b)any appeal under section 78(2) of the Planning Act or section 20(2) of the Listed Buildings Act if the relevant period referred to in those paragraphs expired before these Rules come into force.

(2)In this rule—• “the Listed Buildings Act” means the Planning (Listed Buildings and Conservation Areas) Act 1990; and• “the Planning Act” means the Town and Country Planning Act 1990.

Contains public sector information licensed under the Open Government Licence v3.0.

Defined terms · 7

Show every defined term

draft statement of common ground
means the draft statement of common ground (if any) submitted in accordance with article 33 of the 2010 Order or regulation 8 of the Listed Buildings Regulations”
outline statement
means— (a) in relation to the applicant, the full statement of case submitted with their notice of appeal under article 33 of the 2010 Order or regulation 8 of the Listed Buildings Regulations;
statement of common ground
means a written statement prepared jointly by the local planning authority and the appellant, which contains agreed factual information about the proposal which is the subject of the appeal.”
the 2010 Order
means the Town and Country Planning (Development Management Procedure) (England) (Order) 2010”
the Listed Buildings Act
means the Planning (Listed Buildings and Conservation Areas) Act 1990;
the Listed Buildings Regulations
means the Planning (Listed Buildings and Conservation Areas) Regulations 1990;”
the Planning Act
means the Town and Country Planning Act 1990.

The Town and Country Planning (Hearings and Inquiries Procedure) (England) (Amendment) Rules 2013

1Citation, commencement and application#

2Citation, commencement and application#

3Amendments to the Town and Country Planning (Inquiries Procedure) (England) Rules 2000#

4Amendments to the Town and Country Planning Appeals (Determination by Inspectors) (Inquiries Procedure) (England) Rules 2000#

5Amendments to the Town and Country Planning (Hearings Procedure) (England) Rules 2000#

6Savings#

7Transitional provisions#

Defined terms · 7

Key facts

History · 1 version

Connections

1Citation, commencement and application#

2Citation, commencement and application#

3Amendments to the Town and Country Planning (Inquiries Procedure) (England) Rules 2000#

4Amendments to the Town and Country Planning Appeals (Determination by Inspectors) (Inquiries Procedure) (England) Rules 2000#

5Amendments to the Town and Country Planning (Hearings Procedure) (England) Rules 2000#

6Savings#

7Transitional provisions#