Part 3Inquiries

Procedure after inquiry: recovered applications

24.—(1) This rule applies in relation to a recovered application.

(2) After the close of an inquiry, the inspector must make a report in writing to the Secretary of State which must include the inspector’s conclusions and their recommendations or their reasons for not making any recommendations.

(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 they were appointed to advise.

(4) Where an assessor makes a report in accordance with paragraph (3), the inspector must append it to their own report, and must state in their own report how far they agree or disagree with the assessor’s report, and where the inspector disagrees with the assessor, their reasons for that disagreement.

(5) Where closed evidence was considered at the inquiry—

(a)the inspector or assessor, where one has been appointed, 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, and

(b)where an assessor has been appointed, the inspector must append the closed part of the assessor’s report to the closed part of their own report and must state in the closed part of their own report how far they agree or disagree with the closed part of the assessor’s report and where the inspector disagrees with the assessor, their reasons for that disagreement.

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

(7) Subject to paragraph (9), paragraph (8) applies where after the close of an inquiry, the Secretary of State—

(a)differs from the inspector on any matter of fact mentioned in, or appearing to the Secretary of State to be material to, a conclusion reached by the inspector, or

(b)takes into consideration any new evidence or new matter of fact (not being a matter of government policy),

and is for that reason disposed to disagree with a recommendation made by the inspector.

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

(a)notifying in writing the persons entitled to appear at the inquiry who appeared at it of the Secretary of State’s disagreement and the reasons for it, and

(b)affording those persons an opportunity of making written representations or (if the Secretary of State has taken into consideration any new evidence or new matter of fact, not being a matter of government policy) of asking for the re-opening of the inquiry.

(9) Where the Secretary of State differs from the inspector on any matter of fact mentioned in, or appearing to the Secretary of State to be material to, a conclusion reached by the inspector in relation to a matter in respect of which closed evidence has been given, the notification referred to in paragraph (8) must not include the reasons for the Secretary of State’s disagreement where—

(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.

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

(11) The Secretary of State may, as they think fit, cause an inquiry to be re-opened, and must do so if asked by the applicant or the relevant local planning authority within the period mentioned in paragraph (10).

(12) Where an inquiry is re-opened (whether by the same or a different inspector)—

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

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