Paragraph 9 Effect of objection being made to making of orderI1

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 applies where an objection to the making of an order under section 318 has been made in accordance with paragraph 8 and not withdrawn.

(2)

In considering whether to make an order, the appropriate Minister—

(a)

must consider the grounds of the objection set out in the statement that was included in the objection or in a document included with it (“the original statement”), and

(b)

may require the objector to submit within a specified period a further statement relating to any of the matters to which the objection relates (a “further statement”).

(3)

But sub-paragraph (2) does not apply if—

(a)

the appropriate Minister decides, without having regard to the objection, not to make the order, or

(b)

the appropriate Minister decides to make a modification that the objector agrees meets the objection.

(4)

In so far as the appropriate Minister is satisfied, after considering the grounds of the objection set out in the original statement and in any further statement, that the objection relates to a matter that can be dealt with in the assessment of compensation, the Minister may disregard the objection.

(5)

If—

(a)

the appropriate Minister is satisfied, after considering the grounds of the objection set out in the original statement and in any further statement, that the appropriate Minister is sufficiently informed about the matters to which the objection relates, or

(b)

an objector fails to submit a further statement within a specified period as required by the appropriate Minister,

the appropriate Minister may decide whether to make the order without carrying out further investigation into the matters to which the objection relates.

(6)

If neither sub-paragraph (4) nor (5) applies, before deciding whether to make the order, the appropriate Minister must give the objector an opportunity to appear before and be heard by a person appointed by the appropriate Minister.

(7)

If the objector takes that opportunity, the appropriate Minister must give each of the following persons the opportunity to be heard on the same occasion—

(a)

the undertaker that made the representation mentioned in section 318(1), and

(b)

any other person the appropriate Minister considers appropriate.

(8)

Despite the previous provisions of this paragraph, if the appropriate Minister considers that the matters to which the objection relates require investigation at a local inquiry before the Minister decides whether to make the order, the Minister must cause a local inquiry to be held.

(9)

Where the appropriate Minister decides to cause a local inquiry to be held, the Minister is not required to comply with any of the requirements of sub-paragraphs (2), (6) and (7) that have not been complied with at the time of that decision.

Annotations

Commencement

I1: Sch. 18 para. 9 not in force at Royal Assent, see s. 409(2)