Vehicular Access Across Common and Other Land (England) Regulations 2002

Opposed applications

8.—(1) Where the land owner has objections to the application, he shall, within three months of receipt of the application, serve a notice (a “counter notice”) on the applicant, objecting to the application.

(2) Objections to the application may be made on the following grounds—

(a) the applicant has served the application after the expiry of the period for service;

(b) the applicant has not provided the information required by regulation 6(3);

(c) information provided by the applicant is not correct;

(d) the easement should be subject to limitations other than those (if any) described in the application;

(e) any rights incidental to the right of way, which are described in the application as being rights which should be included in the easement, are not agreed;

(f) the value of the premises is not agreed.

(3) The counter notice shall contain the following information—

(a) the name and address of the land owner and a description of his interest in the land;

(b) the objections to the application; and

(c) any alternative proposals.

(4) The counter notice shall be accompanied by—

(a) any evidence relevant to the objections and alternative proposals; and

(b) evidence of the land owner’s title to the land.