Part 3Inquiries

Procedure after inquiry: standard applications

23.—(1) This rule applies in relation to a standard application.

(2) Subject to paragraph (3), where an assessor has been appointed they may, after the close of the inquiry, make a report in writing to the inspector in respect of the matters on which the assessor was appointed to advise, and where they do so the inspector must state in their notification of their decision pursuant to rule 25 that such a report was made.

(3) Where closed evidence was considered at the inquiry, the assessor must set out in a separate part (“the closed part”) of their report any description of that evidence, together with any conclusions or recommendations in relation to that evidence.

(4) When making their decision, the inspector may disregard any written representation or evidence or any other document received after the close of the inquiry.

(5) Subject to paragraph (7), paragraph (6) applies where if after the close of an inquiry an inspector proposes to take into consideration any new evidence or any new matter of fact (not being a matter of government policy) which was not raised at the inquiry, and which the inspector considers to be material to their decision.

(6) The inspector must not come to a decision without first—

(a)notifying in writing the persons entitled to appear at the inquiry, and who appeared at it, of the matter in question, and

(b)affording them an opportunity of making written representations to the inspector or of asking for the re-opening of the inquiry.

(7) Where any new evidence is closed evidence, paragraph (6) does not apply, and the inspector must not make a decision without first notifying the appointed representative in writing and affording them the opportunity to make written representations to the inspector or of asking for the re-opening of the inquiry.

(8) Any written representations or requests to re-open the inquiry made in response to the notification made in accordance with paragraph (6) or paragraph (7), as the case may be, must be received by the Secretary of State within the period of 3 weeks beginning on the day the notification was sent.

(9) An inspector may, as they think fit, cause an inquiry to be re-opened, and the inspector must do so if asked by the applicant or the relevant local planning authority within the period mentioned in paragraph (8), and where an inquiry is re-opened—

(a)the inspector must send to the persons entitled to appear at the inquiry who appeared at it a written statement of the matters with respect to which further evidence is invited, and

(b)paragraphs (2) to (9) of rule 18 apply as if the references to an inquiry were references to a re-opened inquiry.