Prospective

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

CHAPTER 3 E+W REGISTERING AND DEREGISTERING DISUSED TIPS

23 Decision on removal of tip from register E+W

(1) This section applies where the period for making representations about a proposal to remove a disused tip from the register has ended.

(2) The Authority must, as soon as practicable, decide whether it is satisfied that the criteria for registration are no longer met in relation to the tip.

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

(a) the conclusions of the report of the full assessment mentioned in section 22, and

(b) any representations made about the proposal by a person who was given the notice of proposed deregistration.

(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 no longer met, it must remove the tip from the register as soon as practicable.

(6) The Authority must, as soon as practicable, 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 deregistration.

(7) 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 removed from the register, specify the date on which it was removed.

Commencement Information

I1 S. 23 not in force at Royal Assent, see s. 92(3)