PART 13BLIGHTED LAND
Counter-notices
328Further counter-notice where certain proposals come into force
(1)
Subsection (2) applies where—
(a)
an appropriate authority has served a counter-notice objecting to a blight notice in respect of land falling within the provision of Schedule 19 specified in the second column of the table, and
(b)
the event specified in the corresponding entry in the third column of the table occurs.
Description | Provision of Schedule 19 | Event |
|---|---|---|
Land identified for public functions by a relevant development plan (or revised plan) undergoing independent examination | Paragraph 1 because of paragraph (c) or (d) in the definition of “relevant development plan” in paragraph 1(2) | The plan is adopted or approved (whether in its original form or with modifications) |
Land identified for public functions by a draft of the National Development Framework (or of a revised Framework) laid before Senedd Cymru | Paragraph 2 because of paragraph (b) or (c) in the definition of “the National Development Framework for Wales” in paragraph 2(3) | The Framework is published (whether in its original form or with changes) |
Land indicated for a proposed highway in an order or scheme submitted for confirmation by the Welsh Ministers or prepared in draft by them | Paragraph 13 because of sub-paragraph (2)(b) of that paragraph | The order or scheme comes into operation (whether in its original form or with modifications) |
(2)
The appropriate authority may serve on the claimant a further counter-notice under section 325 that—
(a)
specifies different grounds of objection, and
(b)
is in substitution for the earlier counter-notice.
(3)
Section 325(3) does not apply to a further counter-notice, but instead such a notice must be served before the end of 2 months beginning with the day on which the event specified in the entry in the third column of the table occurs.
(4)
A further counter-notice must not be served if—
(a)
the objection in the earlier counter-notice has been withdrawn, or
(b)
the Upper Tribunal has already determined whether or not to uphold that objection.