The Town and Country Planning (Application of Subordinate Legislation to the Crown) Order 2006

Article 34

SCHEDULE 4 MODIFICATIONS TO THE TOWN AND COUNTRY PLANNING (ENFORCEMENT) (INQUIRIES PROCEDURE) (ENGLAND) RULES 2002

Rule 25B

“SCHEDULE MODIFICATIONS WHERE NATIONAL SECURITY DIRECTION GIVEN

Interpretation

1.   In rule 2(1)—

(a) before the definition of “assessor” insert—

““appointed representative” means a person appointed under—

(a)

section 321(5) or (6) of the Planning Act; or

(b)

paragraph 6(6) of Schedule 3 to the Listed Buildings Act;”;

(b) after the definition of “certificate of lawful use or development” insert—

““closed evidence” means evidence which is subject to a security direction;”;

(c) after the definition of “relevant notice” insert—

““security direction” means a direction given by the Secretary of State under—

(a)

section 321(3) of the Planning Act (matters related to national security); or

(b)

paragraph 6(6) of Schedule 3 to the Listed Buildings Act (matters related to national security);”; and

(d) in the definition of “statement of common ground” after “local planning authority” insert “, or appointed representative, as the case may be,”.

Procedure where pre-inquiry meeting is to be held

2.   In rule 6—

(a) for paragraph (3) substitute—

“(3) The Secretary of State shall, as soon as practicable after receipt, send a copy of the local planning authority’s outline statement to the appellant, a copy of the appellant’s outline statement to the appointed representative and a copy of the appellant’s open outline statement to the local planning authority.

(3A) In this rule “open outline statement” means such part (if any) of an outline statement as does not include or refer to closed evidence.”;

(b) in paragraph (4) after “statement to him” insert “and the open outline statement to”;

(c) in paragraph (5) after “outline” insert “, or outline open,”; and

(d) after paragraph (5) insert—

“(5A) The Secretary of State shall, as soon as practicable after receipt, send a copy of any outline statement received in accordance with paragraph (4) to the appointed representative.”.

Service of statements of case etc

3.   In rule 8—

(a) in paragraph (3) for “copy on any person” substitute “copy of their open statement on any person”;

(b) in paragraph (4) for “statement of case to the local planning authority” substitute “open statement to the local planning authority”;

(c) in paragraph (6)—

(i) in sub-paragraph (b) for “statement of case” substitute “open statement”;

(ii) for “send a copy of each such statement of case” substitute “send a copy of any open statement received by him in accordance with sub-paragraph (a)”;

(d) in paragraph (7)—

(i) in sub-paragraph (a) for “statements of case of the appellant and the local planning authority” substitute “open statement of the appellant and the statement of case of the local planning authority”;

(ii) in sub-paragraph (b) for “statement of case” substitute “open statement”;

(e) in paragraph (16) after “inspector” insert “and appointed representative”; and

(f) after paragraph (16) insert—

“(17) For the purposes of this rule “open statement” means such part (if any) of a statement of case as does not include or refer to closed evidence.”.

Appearances at inquiry

4.   In rule 13(1) after sub-paragraph (a) insert—

“(aa) the appointed representative;”.

Proofs of evidence

5.   In rule 16—

(a) in paragraph (1) for “Any person” substitute “Subject to rule (1A), any person”;

(b) after paragraph (1) insert—

“(1A) Paragraph (1B) applies where the proof of evidence includes or refers to closed evidence.

(1B) Where this paragraph applies, any person entitled to appear at an inquiry, who proposes to give, or to call another person to give evidence at the inquiry by reading a proof of evidence, shall—

(a) send to the Secretary of State 2 copies, in the case of the local planning authority and the appellant, or 3 copies in the case of any other person, of—

(i) the proof of evidence including closed evidence together with any written summary of it;

(ii) the proof of evidence excluding closed evidence (“the open proof”) together with any written summary of it; and

(b) simultaneously send copies of the open proof and any written summary of it to any statutory party,

and the Secretary of State shall, as soon as practicable after receipt, send a copy of each open proof together with any written summary of it to the local planning authority and the appellant.”;

(c) in paragraph after “inspector” insert “and appointed representative”; and

(d) in paragraph (5) after “paragraph (1)” insert “or (1B)”.

Statement of common ground

6.   In rule 17—

(a) in paragraph (1) after “ground” insert “insofar as it does not relate to closed evidence”; and

(b) after paragraph (3) insert—

“(4) Where the appeal is made by or on behalf of the Crown, the appointed representative and the appellant shall—

(a) together prepare an agreed statement of common ground insofar as it relates to closed evidence; and

(b) ensure that the Secretary of State receives it not less than 4 weeks before the date fixed for the holding of the inquiry.”.

Site inspections

7.   In rule 19—

(a) in paragraph (1) for “The inspector” substitute “Subject to paragraph (1A), the inspector”;

(b) after paragraph (1) insert—

“(1A) Paragraph (1) does not apply where a site inspection will involve the inspection of closed evidence.”;

(c) in paragraph (2) for “During” substitute “Subject to paragraph (2A), during”;

(d) after paragraph (2) insert—

“(2A) Where an accompanied site inspection will involve the inspection of closed evidence, paragraph (2) does not apply and the inspector—

(a) may inspect the land in the company of the appellant and the appointed representative, where one has been appointed; and

(b) shall make such an inspection if so requested by the appellant or the appointed representative before or during an inquiry.”; and

(e) in paragraph (4) after “paragraph (2)” insert “or (2A)”.

Procedure after inquiry

8.   In rule 20—

(a) after paragraph (3) insert—

“(3A) Where closed evidence was considered at the inquiry—

(a) the inspector and assessor, where one has been appointed, shall set out in a separate part (“the closed part”) of their reports any description of that evidence together with any conclusions or recommendations in relation to that evidence; and

(b) where an assessor has been appointed, the inspector shall append the closed part of the assessor’s report to the closed part of his own report and shall state in the closed part of his own report how far he agrees or disagrees with the closed part of the assessor’s report and, where he disagrees with the assessor, his reasons for that disagreement.”;

(b) at the beginning of paragraph (5) insert “Subject to paragraph (5A)”; and

(c) after paragraph (5) insert—

“(5A) Where the Secretary of State differs from the inspector on any matter of fact mentioned in, or appearing to him to be material to, a conclusion reached by the inspector in relation to closed evidence, the notification referred to in paragraph (5) shall include the reasons for the Secretary of State’s disagreement unless—

(a) the notification is addressed to a person who is neither the appointed representative nor any person specified, or of a description specified, in the security direction; and

(b) inclusion of the reasons would disclose any part of the closed evidence.”.

Notification of decision

9.   In rule 21—

(a) in paragraph (1) for “The Secretary of State” substitute “Subject to paragraph (1B), the Secretary of State”;

(b) after paragraph (1A) insert—

“(1B) Where the Secretary of State’s reasons for a decision relate to matters in respect of which closed evidence has been given, nothing in paragraph (1) requires the Secretary of State to notify those reasons to any person other than—

(a) the appointed representative; or

(b) a person specified, or of any description specified, in the security direction.”;

(c) in paragraph (2) for “Where a copy” substitute “Subject to paragraph (2A), where a copy”; and

(d) after paragraph (2) insert—

“(2A) Nothing in paragraph (2) requires the disclosure of any closed evidence to a person other than—

(a) the appointed representative; or

(b) a person specified, or of any description specified, in the security direction.”.

Procedure following remitting of appeal

10.   In rule 22—

(a) at the beginning of sub-paragraph (a) of paragraph (1) insert “subject to paragraph (1A)”; and

(b) after paragraph (1) insert—

“(1A) Where the matters referred to in paragraph (1)(a) will involve consideration of closed evidence, the Secretary of State shall only send the written statement to—

(a) the appointed representative; and

(b) a person specified, or of any description specified, in the security direction.”.

Closed evidence not to be disclosed

11.   After rule 25A insert—

“Closed evidence not to be disclosed

25B.   Nothing in these Rules shall be taken to require or permit closed evidence to be disclosed to a person other than—

(a) the Secretary of State;

(b) the appointed representative; or

(c) a person specified, or of any description specified, in the security direction.”.”