Joint Committee on Statutory Instruments Fourth Report


APPENDIX 3

Memorandum from the Office of the Deputy Prime Minister

TOWN AND COUNTRY PLANNING (ENFORCEMENT NOTICES AND APPEALS) (ENGLAND) REGULATIONS 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 date.

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


 
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