The Town and country planning act, 1954 / with general introduction and annotations by D.P. Kerrigan and J.D. James.

  • United Kingdom
Date:
1955
Catalogue details

Licence: Public Domain Mark

Credit: The Town and country planning act, 1954 / with general introduction and annotations by D.P. Kerrigan and J.D. James. Source: Wellcome Collection.

    318/356 (page 290)
    No. 89.—THE TOWN AND COUNTRY PLANNING ACT, 1954 (Amendment) Rules, 1951 (S.I. 1951 No. 2004), which, so far as relevant, are incorporated in the 1949 Rules as printed in Hill, 2nd Supp. (see also zb7d., p. B249). 2to7. [Amend rr. 2 to 7 of the 1949 Rules, v. tnjfra.] NOTES Rule 2 of these amendment rules provides that in ‘‘ Rule 2 ”’ (2.e., in r. 2 of the 1949 Rules, see r. 1 (2) (a), supva) a new definition shall be substituted for the definition of “interested person ’’. This amendment is set out, 7mfra, where rr. 2 to 7 of the 1949 Rules are printed as amended. Rule 3 (a) of the present amendment rules inserts a new para. (2A) in r. 3 of the 1949 Rules, set out, infra. This requires notice of an appeal under s. 13, 27, 31, 39, 40, 45, 48 or 66 of the T. & C.P. Act, 1954, ante, to be substantially in accordance with Form 1A, added to the Schedule to the 1949 Rules, by r. 15 of and the Schedule to the present amendment rules, post. Rule 3 (6) of these amendment rules substitutes the word “‘ enactment ” for the words “‘ Order in Council ” in r. 3 (4) of the 1949 Rules, set out, infra. Rule 4 makes a similar amendment in r. 4 of the 1949 Rules. Rule 5 of these amendment rules inserts a new r. 5A, headed “‘ Appearance by interested parties other than appellants ’’ after r. 5 of the 1949 Rules. The new rule is set out, infra, among the extracts from the 1949 Rules. Its purpose can best be understood by reference, for example, to reg. 6 of the Central Land Board Payments Regulations, 1954 (S.I. 1954 No. 1599), ante. Under reg. 6 (1) of those Regulations, notice of appeal can be given (1) by the applicant for the Part I payment in question; (2) any other person who has received particulars of an apportionment under — reg. 5 (3); and (3) any other person who claims to be entitled to an interest in land substantially affected by an apportionment ; provided that persons who have received a notice and signified their assent thereto in writing cannot thereafter appeal (reg. 6 (2) ). Subject to that, all the above persons may become appellants by giving a notice of appeal, as required by r. 3 (2A) of the Lands Tribunal Rules, in Form Ia. Reg. 6 (3) of the above-mentioned regulations (S.I. 1954 No. 1599), anie, further provides that the applicant, and so far as the dispute relates to an apportionment, any other person to whom particulars of that apportionment have been given or who establishes that he is entitled to an interest in land which is substantially affected by the apportionment shall, on compliance with the Lands Tribunal Rules, be afforded an opportunity to be heard on any dispute before the Tribunal under that regulation. The new r. 5A therefore provides for appearance by such interested persons. A person who receives a notice that a dispute has been referred, under reg. 6 (1), will have 21 days to enter an appearance in that dispute. A person who does not receive such notice may give notice of his intention to appear not later than 3 days before the day fixed for hearing. Rule 6 of these amendment rules substitutes new paras. (1) and (2) in r. 6 of the 1949 Rules. This is consequential on the insertion of the new r. 5A in those rules. The amended wording of r. 6 will now enable further and better particulars to be required from, and supplied to, interested persons who are not appellants but who have given notice of intention to appear. The Tribunal may have to prepare extra copies of documents for this purpose; see, in this connection, the new Fee No. 12 prescribed by the Third Schedule to the 1949 Rules as amended by r. 16 of the present amendment rules, post. Rule 7 of the present amendment rules affects a consequential amendment in the wording of r. 7 of the 1949 Rules, set out, infra. Rules 2 to 7 of the 1949 Rules as amended. For convenience r. 2 (Interpretation), as amended, and Part I (rr. 3 to 7), as amended, of the 1949 Rules, are set out below. The omission of certain words, indicated by dots in r. 2, was required by the 1951 Rules. Words added by the 1955 Rules are shown in square brackets. Words revoked thereby are italicised. 2. Interpretation.—(1) In these Rules, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say :— “The Act ” means the Lands Tribunal Act, 1949; “The Act of 1919’’ means the Acquisition of Land (Assessment of Com- pensation) Act, 1919; ‘“The President ’’ means the President of the Lands Tribunal, or the member appointed under the provisions of the Act to Act for the time being as deputy for the President ; ‘Tribunal’? means the member or members of the Lands Tribunal selected to deal with a case under the provisions of sub-section (2) of section 3 of the Act;