Opposed applications8

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.