PART 2

ASSESSMENT, REGISTRATION AND MONITORING OF DISUSED TIPS
CHAPTER 3

REGISTERING AND DEREGISTERING DISUSED TIPS

Decision on removal of tip from register
23
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.