Prospective

PART 2 E+W ASSESSMENT, REGISTRATION AND MONITORING OF DISUSED TIPS

CHAPTER 5 E+W NOTIFIABLE CHANGES TO THE REGISTER

28 Meaning of “notifiable change” E+W

In this Chapter, “notifiable change” means—

(a) a change to the area shown as the area of a disused tip on a map in the register (see section 8(1)(a)), or

(b) a change to a disused tip’s category.

Commencement Information

I1 S. 28 not in force at Royal Assent, see s. 92(3)

29 Proposal to make notifiable change E+W

(1) If the Authority proposes to make a notifiable change in relation to a disused tip, it must give notice of the proposal (a “notice of a proposed change to the register”) to—

(a) every owner and every occupier of the land on which the tip is situated, and

(b) any other person who, to the Authority’s knowledge, has an estate or interest in that land otherwise than as a mortgagee.

(2) A notice of a proposed change to the register must—

(a) identify the disused tip;

(b) include a copy of the map in the register that shows the area of the tip;

(c) explain the change the Authority is proposing (which must, in the case of a change to the area of a tip shown on a map in the register, include a map showing the proposed revisions clearly marked);

(d) explain the Authority’s reasons for the proposal;

(e) specify the period for making representations to the Authority about the proposal, which must be a period of at least 30 days beginning with the day after the day on which the notice is given;

(f) explain how a person may make representations.

(3) The Welsh Ministers may by regulations amend subsection (2)(e) to change the minimum period for making representations, but the amended period must not be less than 14 days.

Commencement Information

I2 S. 29 not in force at Royal Assent, see s. 92(3)

30 Decision on notifiable change E+W

(1) This section applies where the period for making representations about a proposal to make a notifiable change has ended.

(2) The Authority must, as soon as practicable, decide whether to make the change.

(3) Where—

(a) the proposed change is a change to the map in the register showing the area of a disused tip, and

(b) the Authority considers that the change ought to be made in a modified form,

it may decide to make the change with any modifications it considers necessary.

(4) Where the proposed change is a change to a disused tip’s category, the Authority may decide to change the category to a category that is different from the proposed category.

(5) In making its decision under subsection (2), the Authority must have regard to any representations made by a person who was given notice of the proposal.

(6) The Authority may also have regard to any other information it considers relevant.

(7) Where the Authority decides to make a notifiable change, it must update the register to reflect its decision as soon as practicable.

(8) The Authority must give notice of its decision under subsection (2) (a “decision notice”) to—

(a) every owner and every occupier of the land on which the disused tip is situated,

(b) any other person who, to the Authority’s knowledge, has an estate or interest in that land otherwise than as a mortgagee, and

(c) any other person who was given notice of the proposed change to the register.

(9) A decision notice must—

(a) identify the disused tip;

(b) include a map showing the area of the tip;

(c) explain the Authority’s decision and its reasons for the decision;

(d) if a change has been made to the entry in the register for the tip, give the date on which the change was made.

Commencement Information

I3 S. 30 not in force at Royal Assent, see s. 92(3)