The Vehicular Access Across Common and Other Land (Wales) Regulations 2004

Amended application and amended counter notice

9.—(1) Within two months of receipt of a counter notice, the applicant may serve on the land owner an amended application addressing the objections and any alternative proposals set out in the counter notice.

(2) An amended application must contain the information specified in paragraph 1 of the Schedule to these Regulations and must be accompanied by any evidence relevant to the applicant’s response to the objections and any alternative proposals set out in the counter notice.

(3) Where the applicant has served an amended application on the land owner, the land owner must, within two months of receipt of the amended application—

(a) serve a notice on the applicant agreeing to the amended application and confirming that upon payment of the compensation sum the land owner will provide a written receipt; or

(b) serve an amended counter notice on the applicant objecting to the amended application.

(4) An amended counter notice must comply with regulation 8(2), (3) and (4)(a) and, for this purpose —

(a) references in regulation 8(2) and (3) to the application, except for the reference in sub-paragraph (a) of regulation 8(2), are to be treated as references to the amended application; and

(b) an objection may also be made on the ground that the applicant has served the amended application after the expiry of the period for service or has not provided the information required by paragraph (2) of this regulation.

(5) Where the land owner has served an amended counter notice on the applicant, the applicant may, within two months of receipt of the amended counter notice, serve a notice on the land owner agreeing to the amended counter notice.