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STATUTORY INSTRUMENTS

2006 No. 1284
TOWN AND COUNTRY PLANNING, ENGLAND
The Planning (National Security Directions and Appointed Representatives) (England) Rules 2006

	Made	12th May 2006
	Laid before Parliament	17th May 2006
	Coming into force	7th June 2006

The Lord Chancellor, in exercise of the powers conferred by section 321(7) of the Town and Country Planning Act 1990[1], paragraph 6A(3) of Schedule 3 to the Planning (Listed Buildings and Conservation Areas) Act 1990[2] and paragraph 6A(3) of the Schedule to the Planning (Hazardous Substances) Act 1990[3] makes the following Rules:

Citation, commencement and application
     1. —(1) These Rules may be cited as the Planning (National Security Directions and Appointed Representatives) (England) Rules 2006 and shall come into force on 7th June 2006.

    (2) These Rules apply in relation to England only.

Interpretation
     2. —(1) In these Rules—

"affected person" means the person who will be prevented from hearing or inspecting closed evidence at a local inquiry if a direction is given;

"appointed representative" means a person appointed under—

"closed evidence" means evidence which is subject to a direction;

"direction" means a direction by the Secretary of State under—

"document" includes a photograph, map or plan;

"electronic communication" has the meaning given in section 15(1) of the Electronic Communications Act 2000[

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"the Hazardous Substances Act" means the Planning (Hazardous Substances) Act 1990;

"the Listed Buildings Act" means the Planning (Listed Buildings and Conservation Areas) Act 1990;

"the parties" means—

"potentially closed evidence" means evidence in respect of which a request for a direction has been made;

"the principal Act" means the Town and Country Planning Act 1990; and

"written representations" includes supporting documents.

(2) In these Rules, and in relation to the use of electronic communications for any purpose of these Rules which is capable of being effected electronically—

(3) Paragraphs (4) to (8) apply where an electronic communication is used by a person for the purpose of fulfilling any requirement in these Rules to give or send any statement, notice or other document to any other person ("the recipient").

(4) The requirement shall be taken to be fulfilled where the notice or other document transmitted by means of the electronic communication is—

    (5) In paragraph (4), "legible in all material respects" means that the information contained in the notice or other document is available to the recipient to no lesser extent than it would be if sent or given by means of a document in printed form.

    (6) Where the electronic communication is received by the recipient outside the recipient's business hours, it shall be taken to have been received on the next working day; and for this purpose "working day" means a day which is not a Saturday, Sunday, Bank Holiday or other public holiday.

    (7) A requirement in these Rules that any document should be in writing is fulfilled where that document meets the criteria in paragraph (4), and "written" and cognate expressions are to be construed accordingly.

    (8) A requirement in these Rules to send more than one copy of a statement or other document may be complied with by sending one copy only of the statement or other document in question.

Application of certain rules in particular cases
     3. —(1) These Rules apply in a case where the Secretary of State is considering giving or has given a direction under any of the following provisions—

(a) section 321(3) of the principal Act;

(b) paragraph 6(6) of Schedule 3 to the Listed Buildings Act; or

(c) paragraph 6(6) of the Schedule to the Hazardous Substances Act.

(2) Rule 4 applies in relation to all appointed representatives.

(3) Rules 5 to 14 apply in relation to a case where an appointed representative has been appointed under—

(a) section 321(5) of the principal Act;

(b) paragraph 6A(1) of Schedule 3 to the Listed Buildings Act; or

(c) paragraph 6A(1) of the Schedule to the Hazardous Substances Act.

Functions of an appointed representative
4. —(1) The first function of an appointed representative is to represent the interests of the affected person by—

(a) taking instructions from the affected person before receiving copies of potentially closed evidence;

(b) making written representations as to whether a direction should be given; and

(c) in respect of a hearing held in accordance with rule 10—

(2) The second function of an appointed representative is to represent the interests of the affected person by—

(a) where the appointed representative has been appointed under—

taking instructions from the affected person before receiving copies of closed evidence;

(b) dealing with preliminary matters in relation to closed evidence in respect of a local inquiry;

(c) making submissions or cross-examining witnesses, in relation to closed evidence, at a local inquiry; and

(d) attending site visits.

(3) The third function of an appointed representative is to ensure that the copies of the closed evidence or potentially closed evidence are returned to the person who supplied it as soon as practicable after—

(a) the Secretary of State has given notice under rule 14 that he does not intend to give a direction;

(b) the local inquiry, to which the closed evidence relates, has ended; or

(c) the Secretary of State has notified the appointed representative that no local inquiry, to which the closed evidence relates, will be held,

whichever is later.

(4) The fourth function of an appointed representative is to make applications to the Court in relation to any of his other functions.

(5) For the purposes of any of his functions, the appointed representative may discuss any matter relating to the closed evidence or potentially closed evidence with—

(i) the person who supplied the closed or potentially closed evidence to the Secretary of State; or

(ii) a person specified, or of any description specified, in the direction.

Acknowledgement of request for a direction
     5. As soon as practicable after receiving a request for a direction the Secretary of State shall acknowledge receipt of it in writing.

Publicity
     6. —(1) As soon as practicable after receiving a request for a direction it shall be publicised by the Secretary of State in the manner prescribed by this rule.

    (2) In the case of a request which relates to an application for planning permission for development which—

(a) is an EIA application accompanied by an environmental statement;

(b) does not accord with the provisions of the development plan in force in the area in which the land to which the application relates is situated; or

(c) would affect a right of way to which Part 3 of the Wildlife and Countryside Act 1981[

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the request shall be publicised in the manner specified in paragraph (3).

(3) A request falling within paragraph (2) ("a paragraph (2) request") shall be publicised by giving notice—

(4) In the case of a request for a direction which is not a paragraph (2) request, if the proposed development to which the request relates is major development the request shall be publicised by giving notice—

(5) In a case to which neither paragraph (2) nor paragraph (4) applies, a request for a direction shall be publicised by giving notice—

(6) A notice given under paragraphs (3), (4) or (5) shall—

(7) Where the notice is, without any fault or intention of the Secretary of State, removed, obscured or defaced before the period of 2 weeks referred to in paragraph (3)(a), (4)(a)(i) or (5)(a) has elapsed, the Secretary of State shall be treated as having complied with the requirements of the relevant paragraph if he has taken reasonable steps for protection of the notice and, if need be, its replacement.

(8) In this rule—

"adjoining owner or occupier" means any owner or occupier of any land adjoining the land to which the application relates;

"dwellinghouse" does not include a building containing one or more flats, or a flat contained within such a building;

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"by local advertisement" means—

"major development" means development involving any one or more of the following—

(d) the provision of a building or buildings where the floor space to be created by the development is 1,000 square metres or more; or

(e) development carried out on a site having an area of 1 hectare or more;

"by site display" means by the posting of the notice by firm affixture to some object, sited and displayed in such manner as to be easily visible and legible by members of the public; and

"waste development" means any operational development designed to be used wholly or mainly for the purpose of, or a material change of use to, treating, storing, processing or disposing of refuse or waste materials.

Information to be sent to the parties
7. —(1) As soon as practicable after notice of the request for a direction has been given in accordance with rule 6, the Secretary of State shall—

(a) notify in writing the appointed representative of the date by which any written representations as to whether a direction should be given should be received by the Secretary of State (being a date not less than 6 weeks from the date when the notice to the appointed representative is given); and

(b) at the same time, send a copy of the notice referred to in sub-paragraph (a) to the other party.

(2) As soon as practicable after being notified by the appointed representative that he has taken instructions from the affected person, the Secretary of State shall send to the appointed representative—

(a) a copy of the request for a direction; and

(b) where the potentially closed evidence includes documentary evidence or a proof of evidence of a person who intends to give oral evidence, a copy of that evidence.

Written representations procedure
8. —(1) For the purposes of these Rules, the request for a direction comprises the written representations of the person making the request for a direction.

(2) The Secretary of State shall, as soon as practicable after receipt, send—

(a) a copy of any written representations made to him by the appointed representative to the other party; and

(b) copies of any written representations made to him by persons pursuant to rule 6(6)(b) to the parties.