Paragraph 4 F1

England, Wales and Scotland

(1)

Where the proper notices concerning an application for the grant of a pipe-line construction authorisation have been published and served under paragraph 3 of this Schedule and an objection is duly made by a local planning authority in accordance with a notice under that paragraph and is not withdrawn, the Secretary of State shall before granting the application either–

(a)

cause a public inquiry to be held with respect to the objection and consider the report of the person who held the inquiry; or

(b)

consider the objection by the written representations procedure in accordance with the provisions of paragraph 8A of this Schedule.

(2)

Where the proper notices concerning an application for the grant of a pipe-line construction authorisation have been published and served under paragraph 3 of this Schedule and an objection is duly made by a person other than a local planning authority in accordance with a notice under that paragraph and is not withdrawn, the Secretary of State shall before granting the application–

(a)

cause a public inquiry to be held with respect to the objection and consider the report of the person who held the inquiry;

(b)

afford to the person making the objection an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose and consider the report of the person so appointed; or

(c)

consider the objection by the written representations procedure in accordance with the provisions of paragraph 8A of this Schedule.

Annotations

Textual amendments

F1: Paras. 4, 4A substituted (3.4.1999) for para. 4 of the First Schedule by S.I. 1999/742, arts. 1, 2, Sch. para. 4(1) (with art. 3)

Notes on Schedule FIRST

Modifications

C1

Sch. 1: transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7)

Sch. 1: certain functions exercisable (30.6.1999) by S.I. 1999/1756, arts. 1, 2, Sch. para. 1 (with art. 8)