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.

    320/356 (page 292)
    No. 89.—THE TOWN AND COUNTRY PLANNING ACT, 1954 5. Entry of appeal.—(1) Upon receiving a notice of appeal, the registrar shall enter particulars of the appeal in the Register of Appeals against Deter- minations and shall forthwith send the duplicate notice to the determining authority and shall inform the appellant and the determining authority of the number of the appeal entered in the register, which shall thereafter constitute the title of the appeal. (2) Upon receiving the duplicate notice of appeal the determining authority shall forthwith send to the registrar a copy of the determination referred to therein. (5A. Appearance by interested persons other than appellants.—(1) Where an appeal against a determination is pending, any interested person (not being the appellant), who claims to be entitled, under the enactment conferring the right of appeal, to be heard in the dispute, shall, if he intends to appear at the hearing, give written notice of his intention to the registrar, the determining authority and the appellant. (2) Notice of intention to appear given by a person who has received a notice from the determining authority that a dispute has been referred to the Lands Tribunal shall be givea not later than 21 days after receipt by him of that notice; and notice of intention to appear given by any other person shall be given not later than 3 days before the day fixed for the hearing. (3) Every person giving notice of intention to appear under this Rule shall state in the notice— (i) whether he has been notified that the dispute has been referred to the Lands Tribunal, and if so, by whom and on what date he was so notified; (ii) the interest in land whereby he claims to be a person entitled to be heard in the dispute; (iii) whether he intends to appear separately or jointly with some other person ; (iv) the grounds on which he intends to rely; (v) whether he does or does not propose to call an expert witness; (vi) an address at which documents may be served upon him. (4) The registrar shall, on being requested so to do by any person who has given notice of intention to appear or who satisfies the registrar that he is a person qualified to give such a notice, supply such person with copies of the notice of appeal and of any relevant notice of intention to appear received by the registrar from any other person. (5) Where a dispute as to a proposed apportionment or calculation has been referred to the Lands Tribunal under section 48 of the Town and Country Planning Act, 1954, any person who has received notice under paragraph (b) of subsection (3) of that section of the proposed apportionment or calculation, and any other person who is entitled to an interest in land substantially affected by the proposed apportionment or calculation, shall be entitled to be heard in the dispute and the foregoing provisions of this Rule shall apply accordingly. | 6. Power to require further particulars.—(1) Subject to any directions which may be given by the President, the registrar may, at any time after receiving a valid notice of appeal, vequive an appellant to furnish a statement setting out further and better particulars of the grounds of appeal and any facts and contentions relevant thereto. (2) The appellant shall, within such time as may be prescribed by the registrar, not being less than 14 days after the date of the vequivement, send the statement to the vegistray in duplicate and shall send copies thereof to such other appellant, if any, being an appellant who has given notice of appeal against the same determination, as the vegistvar may direct. [(1) Subject to any direction which may be given by the President, the registrar may, at any time after receiving notice of appeal or notice of intention to appear, require the person giving the notice to furnish a statement setting out further and better particulars of the grounds on which he intends to rely and any facts and contentions relevant thereto. (2) The statement shall be sent in duplicate to the registrar within such time as he may prescribe, not being less than 14 days after the date of the requirement, and copies of the statement shall be sent to such other persons, if any, (being persons who have given notice of appeal or notice of intention to appear in relation to the same proceedings) as the registrar may direct. ] (3) Upon receipt of the statement the registrar shall forthwith send a duplicate copy thereof to the determining authority. 7. Power to require particulars of determination.—The President or the tribunal may at any time request the determining authority to furnish par- ticulars of any determination which appear to be requisite for the decision of the appeal, and thereupon the determining authority shall furnish the particulars to the registrar and to the appellant [the appellant and any person from whom the authority has received a notice of intention to appear at the hearing]. 8. [Omitted.]