The Conservation of Habitats and Species Regulations 2017

Authorisations under Pipe-lines Act 1962: procedure on review E+W+S

94.—(1) Where the competent authority decides in pursuance of regulation 93(3), (4) or (5) to revoke or vary an authorisation under the Pipe-lines Act 1962 or a direction deeming planning permission to be granted, the authority must serve notice on the persons specified in paragraph (2) informing them of the decision and specifying a period of not less than 28 days within which any person on whom the notice is served may make representations to the authority.

(2) The persons referred to in paragraph (1) are—

(a) the person to whom the authorisation was granted or, as the case may be, in whose favour the direction was made; and

(b) any other person who in the authority's opinion will be affected by the revocation or variation.

(3) The competent authority must also serve notice on—

(a) the local planning authority, and

(b) the appropriate nature conservation body,

informing them of the decision and inviting their representations within the specified period.

(4) The competent authority must consider whether to proceed with the revocation or variation, and must have regard to any representations made in accordance with paragraph (1) or (3).

(5) If within the specified period a person on whom notice was served under paragraph (1), or the local planning authority, so requires, the competent authority, must before deciding whether to proceed with the revocation or variation, give—

(a) to that person or the local planning authority (as the case may be), and

(b) to any other person on whom notice under paragraph (1) or (3) was required to be served,

an opportunity of appearing before, and being heard by, a person appointed by the competent authority for the purpose.