PART 2

ASSESSMENT, REGISTRATION AND MONITORING OF DISUSED TIPS
CHAPTER 5

NOTIFIABLE CHANGES TO THE REGISTER

Decision on notifiable change
30
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.
S. 30 not in force at Royal Assent, see s. 92(3)