PART IXROADS

Procedure for making orders under Article 100 or 102C1F1103

1

Before making an order under Article 100 or 102 the Department shall publish in at least one newspaper circulating in the relevant area a notice—

a

stating the general effect of the order;

b

specifying a place in the relevant area where a copy of the draft order and of any relevant map or plan may be inspected by any person at all reasonable hours during a period of 28 days from the date of publication of the notice; and

c

stating that, within that period, any person may by notice to the Department object to the making of the order.

2

Not later than the date on which that notice is so published, the Department shall serve a copy of the notice, together with a copy of the draft order and of any relevant map or plan, on—

a

every district council in whose area any land to which the order relates is situated;

b

any gas F2electricity, water or sewerage undertakers having any cables, mains, pipes, or wires laid along, across, under or over any land over which a right of way is to be extinguished, under the order; and

c

the operator ofF3 an electronic communications code network for the purposes of which anyF3 electronic communications apparatus is kept installed along, across, under or over any such land.

3

The Department may cause a public local inquiry to be held by the planning appeals commission to hear objections to the proposed order.

4

After considering any objections to the order which are not withdrawn and, where a public local inquiry is held, the report of the planning appeals commission, the Department may make the order either without modification or subject to such modifications as it thinks fit.

5

Where the Department makes an order under Article 100 or 102 the Department shall publish, in the manner specified in paragraph (1), a notice stating that the order has been made, and naming a place where a copy of the order may be seen at all reasonable hours; and paragraph (2) shall have effect in relation to any such notice as it has effect in relation to a notice under paragraph (1).

6

In this Article “the relevant area”, in relation to an order, means the area in which any land to which the order relates is situated.