Town and Country Planning (Inquiries Procedure) (Scotland) Rules 1997 (No. 796, S. 75).

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LEX-FAOC014761

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These Rules apply to a local inquiry caused by the Secretary of State to be held for the purpose of any application referred to the Secretary of State or any appeal made to the Secretary of State under the Act, the Listed Buildings Act or the Hazardous Substances Act or any Regulations made thereunder.Rule 4 concerns preliminary information and notice. Rules 5 and 6 provide a statutory framework for the holding of pre-inquiry meeting. Rule 7 requires planning authorities to include as part of their statement of case a list of the conditions, if any, which they presently consider, should be imposed on any grant of planning permission by the Secretary of State. Rule 8 places a statutory obligation on the applicant to disclose at an early stage the principal basis of his case. In addition, rule 9 enables the Secretary of State or the reporter to require any other party who has notified an intention to attend the inquiry to submit a statement of case prior to the commencement of that inquiry. Rule 12 imposes a statutory requirement on that party in certain circumstances to submit a written summary of the precognition. Further, where a summary is provided only that summary shall be read out at the inquiry, although parties may be questioned on the content of their whole precognition. Rule 19 provides that the applicant shall normally begin and shall have the final right of reply at the inquiry. This rule also clarifies the reporter's powers to restrict the giving of evidence which is repetitious or irrelevant.

Amended by: Town and Country Planning (Inquiries Procedure) (Scotland) Amendment Rules 1998 (S.I. No. 2311 (S.118) of 1998). (1998-08-21)
Amended by: Town and Country Planning (Inquiries Procedure) (Scotland) Amendment Rules 2009 (No. 212 of 2009). (2009-06-02)
Amended by: Town and Country Planning (Inquiries Procedure) (Scotland) Amendment Rules 2011 (S.S.I. No. 379 of 2011). (2011-10-27)
Amended by: Town and Country Planning (Electronic Communications) (Scotland) Order 2004 (S.S.I. 332 of 2004). (2004-07-27)

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