Part 2Hearings

Procedure after hearing: recovered applications

rule 11 + 11.—(1) This rule applies where a hearing has been held for the purposes of a recovered application.

(2) After the close of the hearing, the inspector must—

rule 11 2 a + (a)prepare a written statement setting out their conclusions and recommendations or their reasons for not making any recommendations (“the inspector’s statement”), and

rule 11 2 b + (b)send a copy of it to the Secretary of State.

(3) The Secretary of State, when making their decision—

rule 11 3 a + (a)must take into account—

rule 11 3 a i + (i)any representations made to the Secretary of State pursuant to any notice of, or information about, or consultation in relation to, the Crown development application under the provisions of the 2025 Order which are received before the end of the applicable representation period, and

rule 11 3 a ii + (ii)any representations made at the hearing, and

rule 11 3 b + (b)may disregard any representations or information received after the hearing has closed.

(4) Paragraph (5) applies if, when making their decision, the Secretary of State—

rule 11 4 a + (a)differs from the inspector on any matters of fact mentioned in, or appearing to the Secretary of State to be material to, a conclusion reached in the inspector’s statement, or

rule 11 4 b + (b)takes into consideration new information (not being a matter of government policy),

and is for that reason disposed to disagree with a recommendation made in the inspector’s statement.

(5) The Secretary of State must not come to a decision which is at variance with the inspector’s recommendation without first—

rule 11 5 a + (a)notifying in writing the persons entitled to appear at the hearing of the Secretary of State’s disagreement and the reasons for it, and

rule 11 5 b + (b)affording them an opportunity of making written representations to the Secretary of State.