Section 28A Variation of notification under section 28.F1
England and Wales
At any time after notice has been given under section 28(5)(b) confirming a notification (with or without modifications), F2Natural England may by notice vary the matters specified or stated in the confirmed notification (whether by adding to them, changing them, or removing matter from them).
The area of land cannot be varied under this section.
Natural England shall give notice setting out the variation to—
the local planning authority F3(if any) in whose area the land is situated,
every owner and occupier of any of the land who in the opinion of the Council may be affected by the variation, and
the Secretary of State,
and after service of a notice under paragraph (b) the notification under section 28(1)(b) shall have effect in its varied form.
Section 28(3) shall apply to such a notice as it applies to a notification under section 28(1).
Where a notice under subsection (3) has been given, Natural England may within the period of nine months beginning with the date the last of the owners and occupiers referred to in subsection (3)(b) was served with the notice either—
give notice to the persons mentioned in subsection (3) withdrawing the notice; or
give notice to them confirming the notice (with or without modifications).
A notice under subsection (3) shall cease to have effect—
on the giving of notice of its withdrawal under subsection (5)(a) to any of the persons mentioned in subsection (3); or
if not withdrawn or confirmed by notice under subsection (5) within the period of nine months referred to in that subsection, at the end of that period.
As from the time when there is served on the owner or occupier of any land a notice under subsection (5)(b) confirming a notice of variation with modifications, the notification under section 28(1)(b) shall have effect as so varied.
A local land charge existing by virtue of section 28(9) shall be varied in accordance with a notice under subsection (3) or (5)(b).
Annotations
Textual amendments
- F1
Ss. 28-28R substituted for s. 28 (E.W.) (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 1 (with Sch. 11 paras. 1-17, 20)
- F2
Words in s. 28A substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 79; S.I. 2006/2541, art. 2
- F3
Words in s. 28A(3)(a) inserted (E.W.) (12.1.2010 for E., 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 148, 324(2)(b)(ii), Sch. 13 para. 3; S.I. 2014/3088, art. 2(b)
Notes on Sites of special scientific interest and limestone pavements
Textual amendments
- F1
S. 27AA and preceding heading inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 78; S.I. 2006/2541, art. 2
Editorial notes
- X1
S. 27A and preceding heading repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1)(2), 107, Sch. 11 para. 77, Sch. 12; S.I. 2006/2541, art. 2 and new s. 27AA and preceding heading inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 78; S.I. 2006/2541, art. 2