Chapter 4 – the Categories of Disused Tip Etc
Overview of Chapter
94.All disused tips that are entered onto the register will be given a category by the Authority, based on the different degrees to which the disused tips cause the Authority concern. This Chapter explains the categories of disused tip, how the Authority will make decisions on categorisation and provides a process for review of categorisation.
Section 24 – Categories of disused tip
95.Subsection (1) provides that a disused tip may be placed in one of four categories on the register: category 1, 2, 3 or 4. The categories have a numeric descriptor as the register will be available in both English and Welsh.
96.Subsection (2) provides the four categories represent the different degrees to which disused tips cause the Authority concern. Decisions on the categorisation of a tip must be made on the basis of one or more of the factors set out in subsection (3).
Section 25 – Statement of policy on categorisation
97.Subsection (1) places a duty on the Authority to publish a statement of its policy on the categorisation of disused tips. It is anticipated that this statement will include matters such as the Authority’s approach to categorisation and a description of the different categories.
98.Subsection (2) enables the Authority to revise the statement. If it does so, the Authority must publish the statement in its revised form as soon as practicable after making the revisions. It is intended the Authority will publish the statement on its website.
99.Subsection (3) places a duty on the Authority to consult such persons as it considers appropriate before publishing the statement (including in a revised form).
Section 26 – Initial categorisation of a disused tip
100.When proposing to register a tip under section 20 or deciding to register a tip under section 21, the Authority must have regard to the report of the full assessment carried out under section 16 and follow the policy in the statement published under section 25.
101.The Authority may also have regard to any other information it considers relevant in proposing or deciding on a tip’s category. This might include, for example, information about the tip’s history that may be relevant to its stability.
Section 27 – Reviews of categorisation
102.The Act allows the Authority to change a tip’s category following a review. Subsection (1) places a duty on the Authority to review a tip’s category as soon as practicable where the Authority carries out a full assessment of a disused tip that is already in the register and the report concludes the criteria for registration are still met.
103.Subsection (2) gives the Authority the power to review the category of a tip at any other time.
104.Subsection (3) provides that where the Authority considers on review that a disused tip’s category should be changed, it must propose a different category for the tip as soon as practicable.
105.Subsections (4) and (5) mirror section 26(2) and (3), in that these provisions set out the information and documents that the Authority is required or permitted to have regard to in reviewing a disused tip’s category and in proposing a different category. Where there has been more than one full assessment in relation to a disused tip, the Authority may have regard to all of these assessments but is only required to have regard to the report of the most recent assessment.
