The Town and Country Planning (Inquiries Procedure) Rules 1992

Procedure where Secretary of State causes pre-inquiry meeting to be held

5.—(1) The Secretary of State may cause a pre-inquiry meeting to be held if it appears to him desirable and where he does so the following paragraphs apply.

(2) The Secretary of State shall serve with the relevant notice a notification of his intention to cause a meeting to be held and a statement of the matters about which he particularly wishes to be informed for the purposes of his consideration of the application or appeal in question; and where another Minister of the Crown or a government department has expressed in writing to the Secretary of State a view which is mentioned in rule 4(2)(c), the Secretary of State shall set this out in his statement and shall supply a copy of the statement to the Minister or government department concerned.

(3) The local planning authority shall cause to be published in a newspaper circulating in the locality in which the land is situated a notice of the Secretary of State’s intention to cause a meeting to be held and of the statement served in accordance with paragraph (2).

(4) The applicant and the local planning authority shall, not later than 8 weeks after the relevant date, each serve an outline statement on the other and on the Secretary of State.

(5) Where rule 4(2) applies, the local planning authority shall—

(a)include in their outline statement the terms of—

(i)any direction given together with a statement of the reasons therefor; and

(ii)any view expressed or representation made on which they intend to rely in their submissions at the inquiry; and

(b)within the period mentioned in paragraph (4), supply a copy of their statement to the person or body concerned.

(6) The Secretary of State may in writing require any other person who has notified him of an intention or a wish to appear at the inquiry to serve, within 4 weeks of being so required, an outline statement on him, the applicant and the local planning authority.

(7) The meeting (or, where there is more than one, the first meeting) shall be held not later than 16 weeks after the relevant date.

(8) The Secretary of State shall give not less than 3 weeks written notice of the meeting to the applicant, the local planning authority, any person known at the date of the notice to be entitled to appear at the inquiry and any other person whose presence at the meeting seems to him to be desirable; and he may require the local planning authority to take, in relation to notification of the meeting, one or more of the steps which he may under rule 10(6) require them to take in relation to notification of the inquiry.

(9) The inspector shall preside at the meeting and shall determine the matters to be discussed and the procedure to be followed, and he may require any person present at the meeting who, in his opinion, is behaving in a disruptive manner to leave and may refuse to permit that person to return or to attend any further meeting, or may permit him to return or attend only on such conditions as he may specify.

(10) Where a pre-inquiry meeting has been held pursuant to paragraph (1), the inspector may hold a further meeting. He shall arrange for such notice to be given of a further meeting as appears to him necessary; and paragraph (9) shall apply to such a meeting.