The Town and Country Planning (Enforcement) (Inquiries Procedure) (Wales) Rules 2003

Extract

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The Town and Country Planning (Enforcement) (Inquiries Procedure) (Wales) Rules 2003

Statutory Instruments

TRIBUNALS AND INQUIRIES, WALES

Made

8 th May 2003

Laid before Parliament

9 th May 2003

Coming into force

1 st June 2003

The Lord Chancellor, in exercise of the powers conferred upon him by section 9 of the Tribunals and Inquiries Act 1992(1) and of all other powers enabling him in that behalf, and after consultation with the Council on Tribunals, hereby makes the following Rules:

Citation, commencement and application

1.—(1) These Rules may be cited as the Town and Country Planning (Enforcement) (Inquiries Procedure) (Wales) Rules 2003 and shall come into force on 1 st June 2003.

(2) These Rules apply to Wales.

Interpretation

2.  In these Rules—

“assessor” means a person appointed by the National Assembly to sit with an inspector at an inquiry or re-opened inquiry to advise the inspector on such matters arising as the National Assembly may specify;

“certificate of lawful use or development” means a certificate under section 191 or 192 of the Planning Act;

“document” includes a photograph, map or plan;

“electronic communication” has the meaning assigned to that term by section 15(1) of the Electronic Communications Act 2000(2);

“enforcement appeal” means an appeal against an enforcement notice;

“enforcement notice” means a notice under section 172 of the Planning Act or under section 38 of the Listed Buildings Act;

“inquiry” means a local inquiry to which these Rules apply;

“inspector” means a person appointed by the National Assembly to hold the relevant inquiry or re-opened inquiry;

“land” means the land or building to which an inquiry relates;

“Listed Buildings Act” means the Planning (Listed Buildings and Conservation Areas) Act 1990(3);

“local planning authority” means in relation to—

an enforcement appeal, the body who issued the relevant enforcement notice;

an appeal against the refusal or non-determination of an application for a certificate of lawful use or development, the body to whom the application was made;

“the National Assembly” means the National Assembly for Wales;

“outline statement” means a written statement of the principal submissions which a person proposes to put forward at an inquiry;

“Planning Act” means the Town and Country Planning Act 1990(4);

“pre-inquiry meeting” means a meeting held prior to an inquiry to consider what may be done with a view to securing that the inquiry is conducted efficiently and expeditiously; and where two or more such meetings are held references to the conclusion of a pre-inqu...

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