Explanatory Note

(This note is not part of the Rules)

These rules govern the procedure for hearings and inquiries held before the determination of a Crown development application, that is, an application which has been made in accordance with sections 293D and 293E of the Town and Country Planning Act 1990 (“the 1990 Act”).

Rule 3 explains the meaning of electronic communication for the purposes of these rules and how electronic communication should be accessed by a recipient. Rule 4 permits the use of electronic communications to send a notice or document produced for the purpose of these Rules.

Part 2 provides rules to govern a hearing, and Part 3 provides rules to govern an inquiry, held before the determination of a Crown development application.

Part 2—

(a)sets the minimum notice period for the holding of a hearing,

(b)requires the Secretary of State to set out in a statement the issues to be considered at the hearing,

(c)lists who is entitled to appear at the hearing,

(d)provides the procedure to be followed at the hearing and any site inspection, and

(e)provides the procedure to be followed after the hearing and the making of a decision.

Part 3—

(a)requires a notice of the inquiry to be sent to the parties within the specified time period,

(b)allows the inspector to set out for the parties a statement of the matters the inspector wishes to be informed about at the inquiry,

(c)allows specified parties to submit a statement of case, and allows the Secretary of State to request a statement of case from a party who has not submitted one but who wishes to be heard at the inquiry, and to request further information from the parties,

(d)allows the inspector to hold a pre-inquiry meeting where the inspector considers it necessary,

(e)requires the inspector to set an inquiry timetable for inquiries expected to last 8 days or more, and allows the inspector to set a timetable for shorter inquiries,

(f)lists who is entitled to appear at the inquiry,

(g)sets out the procedure for the giving of evidence, and cross-examination of witnesses at the inquiry,

(h)provides the procedure to be followed at the inquiry, and any site inspection, and

(i)provides the procedure to be followed after the end of the inquiry and the making of a decision, and where an inquiry can be re-opened.

Part 3 also provides for modified procedures in circumstances where there is closed evidence (that is, evidence which is subject to a direction made by the Secretary of State in accordance with section 321 of the 1990 Act).

A full Impact Assessment has not been prepared for this instrument because no, or no significant, impacts on the private, voluntary or public sector are foreseen. An impact assessment was prepared for the Levelling Up and Regeneration Act 2023 and copies of that assessment may be found at https://bills.parliament.uk/bills/3155/publications and can be inspected at the Planning Directorate, the Ministry of Housing, Communities and Local Government, 2 Marsham Street, London, SW1P 4DF.