Paragraph 2 Supplementary provision about orders under section 315(4)I1

England and Wales Not yet in force

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch. 18 Pt. 1 applied by 2003 c. 21, Sch. 4 para. 3(6A)(6B) (as inserted) by Planning (Consequential Provisions) (Wales) Act 2026 Sch. 2 para. 338(2)(b)
Sch. 18 para. 5(2)-(9) applied by 2018 c. 5, Sch. 9 para. 7(aa) (as inserted) by Planning (Consequential Provisions) (Wales) Act 2026 Sch. 2 para. 436(b)(ii)
Sch. 18 para. 9(2)-(9) applied by 2018 c. 5, Sch. 9 para. 7(aa) (as inserted) by Planning (Consequential Provisions) (Wales) Act 2026 Sch. 2 para. 436(b)(ii)

(1)

This paragraph makes provision about orders under section 315(4).

(2)

Before making an order, the Ministers must—

(a)

prepare a draft of the order, and

(b)

give the undertaker or operator on whom the removal notice was served an opportunity to object to the proposal to make the order.

(3)

Where the undertaker or operator makes an objection, before making the order the Ministers must—

(a)

consider the objection;

(b)

give the undertaker or operator an opportunity to appear before and be heard by a person appointed by the Ministers.

(4)

The order may be made either on the terms set out in the draft order or with modifications.

(5)

In this paragraph “the Ministers” means the government department that served the removal notice and the appropriate Minister.

Annotations