Part 3Inquiries
Notice of inquiry and statements of case
rule 13 13.—(1) As soon as practicable after a determination under section 319A of the 1990 Act has been made that a local inquiry is to be held to consider the application, the Secretary of State must send a notice to—
rule 13 1 a (a)the applicant,
rule 13 1 b (b)the relevant local planning authority, and
rule 13 1 c (c)any statutory party.
(2) The notice in paragraph (1) must state that—
rule 13 2 a (a)the persons specified in paragraph (1) may submit a statement of case to the inquiry if they wish to do so,
rule 13 2 b (b)any statutory party may make a request to appear at the inquiry, and
rule 13 2 c (c)any statement of case or request to appear at the inquiry must be submitted to the Secretary of State before the end of the period of 5 weeks, beginning with the starting date.
(3) A statement of case must be in writing and contain full particulars of the case which the person proposes to put forward and copies of any documents which that person intends to refer to or put in evidence.
(4) Where any other person has made a request to appear at the inquiry, the Secretary of State may in writing request that the person submit a statement of case which should be sent to the Secretary of State before the end of the period of 4 weeks beginning with the date the Secretary of State sends the request.
(5) Whether or not a person has provided a statement of case, the Secretary of State may in writing request that a person provide further specified information about the matters contained in any written document submitted by that person, and may specify the period within which the information must be sent to the Secretary of State.
(6) Subject to paragraph (7), as soon as reasonably practicable after receipt of a statement of case, or any further information requested in accordance with paragraph (5), the Secretary of State must—
rule 13 6 a (a)take steps to ensure that a copy of the statement of case or further information is provided to the applicant, the relevant local planning authority and any statutory party, and
rule 13 6 b (b)publish the statement of case, or the further information, on a website.
(7) Where a statement of case or any further information contains or refers to closed evidence, only the open statement or open further information may be disclosed to the parties mentioned in paragraph (6)(a) or published on the website referred to in paragraph (6)(b).
(8) The Secretary of State must, as soon as reasonably practicable after receipt, send to the inspector, and where applicable, any appointed representative, any statement of case, document or further information sent to him in accordance with this rule and received within the applicable time period.
(9) Subject to paragraph (10), the Secretary of State must afford to any person who so requests a reasonable opportunity to inspect and, where practicable, take copies of any statement of case or further information that has been sent to the Secretary of State in accordance with this rule.
(10) The Secretary of State must only allow the inspection of an open statement or open further information.
(11) For the purposes of paragraph (9) an opportunity is taken to have been afforded to a person where the person is notified of—
rule 13 11 a (a)publication on a website of the document mentioned in that paragraph,
rule 13 11 b (b)the address of the website, and
rule 13 11 c (c)the place on the website where the document may be accessed, and how it may be accessed.
term open further information term open statement (12) In this rule, “open statement” means such part (if any) of a statement of case as does not contain or refer to closed evidence, and “open further information” means such part (if any) of any further information provided to the Secretary of State as does not contain or refer to closed evidence.