Memorandum from the Office of the Deputy
2002 (S.I. 2002/2682)
1. The Joint Committee has requested a Memorandum
on the following point:
Paragraph (2) of regulation 9 requires the local
planning authority to submit to the Secretary of State the statement
mentioned in paragraph (1) within 6 weeks of the "starting
date", which is defined (in paragraph (3)) as the later of
the two following dates: (a) the date of the Secretary of State's
notice under regulation 10 that he has received all the documents
required to enable him to entertain the appeal; (b) the date of
the Secretary of State's notice informing the appellant and the
authority that an inquiry or hearing is to be held.
Explain why (a) has been included in the definition
of "starting date" in paragraph (3), and how paragraph
(2) is intended to operate, given that regulation 10 indicates
that the Secretary of State's notice must be given after he has
received the local planning authority's statement. The Department's
attention is drawn to paragraph 5 of the Committee's 27th Report
(Session 19992000) on S.I. 2000/1628.
2. The reason for the inclusion of (a) in the definition
of "starting date" in paragraph (3) is that a trigger
date is required for those instances where the appeal is to be
dealt with by the written representation procedure.
3. The Department also considers it is necessary
to provide for the possibility of the Secretary of State serving
a notice under (b) of paragraph 3 later in the appeal process.
That might be after the notice under regulation 10 has been served
and would mean that the 6 week period would run from that later
4. The Department has considered paragraph 5 of the
Committee's 27th Report (Session 19992000) on the definition
of "starting date" in S.I. 2000/1628 but considers that
the position here is different to that. With respect to S.I 2000/1628,
the Department agreed that subparagraph (a) of the definition
of "starting date" was otiose. This was because the
Secretary of State in that case is only able to give the appellant
and the local planning authority written notice of receipt of
the appeal once he has received all the documents specified in
article 23 of the Town and Country Planning (General Development
Procedure) Order 1995. There is therefore an element of duplication
that does not exist here.
5. The statement referred to in paragraph (2) (the
local planning authority's statement) is not one of the documents
required by the Secretary of State to enable him to entertain
the appeal (and in respect of which the Secretary of State must
serve a notice under regulation 10). The regulation 10 notice
relates to the receipt by the Secretary of State of documents
referred to in regulations 6 and 8.
29 November 2002