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

United Kingdom

Date:: 1955

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

322/356 (page 294)

$No. 89.—THE TOWN AND COUNTRY PLANNING ACT, 1954 NOTE R. 23 of the 1949 Rules accordingly reads as follows: 23. Consolidation of appeals or references.—(1) Where more than one notice of appeal or notice of reference has been given in respect of the same land or hereditament, an application to the registrar, in accordance with the provisions of Rule 22, for an order that the appeals or references shall be heard together may be made by— (i) the determining authority, in the case of an appeal against a deter- mination ; (ii) any person who has given notice of intention to appear in opposition to the appeal, im the case of an appeal against the decision of a local valuation court {in the case of any other appeal] ; (ili) the authority liable for the payment of compensation, in the case of - a reference. (2) Where any such notices of appeal or notices of reference have been given as are referred to in the last foregoing paragraph, the President or the tribunal may, without any application in that behalf, make an order that the appeals or references shall be heard together. (3) An order for consolidation may be made with respect to some only of the matters to which the notices of appeal or notices of reference relate. The amendment is consequential on the insertion of a new Part IIa in the 1949 Rules (rr. 10a, 10B and ioc relating to ‘“‘ Other Appeals ’’) after Part IT (“‘ Appeals from local valuation courts’’). It does not therefore affect the application of r. 23 to Appeals against Determinations (including those under the T. & C.P. Act, 1954, ante) under Part I of the 1949 Rules, mentioned in r. 23 (1) (i), supra. Attention is, however, drawn to Parts V and VI of the 1949 Rules (rr. 22-54; Hill, 2nd Supp., pp. B123-B133), many of which contain important procedural pro- visions. 12. Rule 25 shall be amended as follows :— (a) At the beginning of paragraph (2) there shall be inserted the words ‘““ Subject to the provisions of the next following paragraph ’’. (b) The following paragraph shall be inserted after paragraph (2) :— ‘““ (2A) Upon receiving notice of intention to appear from a person who is not already a party to the proceedings, the registrar shall send to that person a notice informing him of the place and approximate date of the hearing.” (c) In paragraph (3) for the words ‘‘ Any party to whom such notice has been sent’’ there shall be substituted the words ‘‘ Any person to whom notice has been sent under paragraph (2) or (24) of this Rule ”’. NOTE R. 25 of the 1949 Rules accordingly reads as follows :— 25. Sittings of tribunal.—(1) Tribunals shall sit at such places in the United Kingdom outside Scotland as the President may from time to time determine. (2) [Subject to the provisions of the next following paragraph, the] The registrar shall send to each party to proceedings before the tribunal a notice informing him of the place and approximate date of the hearing, which shall not be earlier than 14 days after the date on which the notice is sent. [(2A) Upon receiving notice of intention to appear from aperson who is not already a party to the proceedings, the registrar shall send to that person a notice informing him of the place and approximate date of the hearing. ] (3) Any party to whom such notice has been sent [Any person to whom notice has been sent under paragraph (2) or (2A) of this Rule] may apply to the registrar in accordance with the provisions of Rule 22 for an alteration of the place or date of the hearing. This will enable an adjournment to be sought, under r. 22 of the 1949 Rules (Hill, 2nd Supp., p. B123) if some person who claims to be entitled to appear gives notice of his intention to do so. Applications under r. 22 are made, in the first place, in writing to the Registrar (whose address is given in Form 1A, post). 13. In Rules 26a and 26B for the words “‘ against a determination or against the decision of a local valuation court ’”’ there shall be substituted the words “under Part I, II or IIa of these Rules ’’. NOTES R. 26A._ R. 26a of the 1949 Rules (Hill, 2nd Supp., p. B124) as amended empower the Tribunal to dismiss an appeal under Part I, II or Ia of the Rules, or an application under Part IV thereof, on default of appearance of the appellant or applicant. If$