PART 2ASSESSMENT, REGISTRATION AND MONITORING OF DISUSED TIPS

CHAPTER 3REGISTERING AND DEREGISTERING DISUSED TIPS

21Decision on registration

(1)

This section applies where the period for making representations about a proposal to include a disused tip in the register has ended.

(2)

The Authority must, as soon as practicable, decide whether it is satisfied that the criteria for registering the tip are met.

(3)

In making its decision, the Authority must have regard to—

(a)

the conclusions of the report of the full assessment mentioned in section 20, and

(b)

any representations made about the proposal by a person who was given the notice of proposed registration.

(4)

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

(5)

Where the Authority decides that the criteria for registration are met, it must include the tip in the register as soon as practicable.

(6)

The Authority may register a disused tip otherwise than in accordance with the proposal in the notice of proposed registration if it considers it appropriate to do so.

(7)

The Authority must give notice of a decision under this section (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 the notice of proposed registration.

(8)

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 the tip has been included in the register—

(i)

specify the date on which tip was added to the register,

(ii)

specify the tip’s category, and

(iii)

where the tip has been registered otherwise than in accordance with the notice of proposed registration, explain any differences and the reasons for the differences.