The Deregulation (Pipe-lines) Order 1999

Written representations procedure: amendments to the First Schedule

4.—(1) In the First Schedule, for paragraph 4, there shall be substituted–

“4.—(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and an objection is duly made by a local planning authority in accordance with a notice under that paragraph and is not withdrawn, the Secretary of State shall before granting the application either–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duly made by a person other than a local planning authority in accordance with a notice under that paragraph and is not withdrawn, the Secretary of State shall before granting the application–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.

4A.—(1) Where the Secretary of State decides under paragraph 4 above to consider an objection to an application under the written representations procedure, he shall give notice to the applicant and to every person who has made an objection to the application that, unless he receives a notice under sub-paragraph (2) below, the objection will be considered by written representations.

(2) The written representations procedure shall not apply to an objection to an application if either the applicant or any person who has made an objection to that application gives the Secretary of State notice, no later than 28 days from the date on which the notice under sub-paragraph (1) above is served on him, that he does not wish to proceed by way of written representations.

(3) On receiving a notice under sub-paragraph (2) above, the Secretary of State shall give notice to the applicant and to every person who has made an objection to the application that the written representations procedure will not be used and–

(a)where a local planning authority is one of the objectors, that he will cause a public inquiry to be held in accordance with paragraph 4(1)(a) above;

(b)in any other case, that he will either cause a public inquiry to be held, or afford the objectors a hearing in accordance with paragraph 4(2) above.

(4) The Secretary of State shall cease considering an objection to an application under the written representations procedure if, at any time before he has determined whether to grant the application–

(a)the Secretary of State receives notice from the applicant or any person who has made an objection to the application to the effect that he does not wish to proceed by way of written representations; or

(b)the Secretary of State decides to cause a public inquiry to be held, or to afford the objectors a hearing, instead of proceeding by way of written representations.

(5) Where an objection to an application ceases to be considered under the written representations procedure by virtue of sub-paragraph (4) above, the Secretary of State shall give notice to the applicant and to every person who has made an objection to the application that that procedure has ceased and–

(a)where a local planning authority is one of the objectors, that he will cause a public inquiry to be held in accordance with paragraph 4(1)(a) above;

(b)in any other case, that he will either cause a public inquiry to be held, or afford the objectors a hearing in accordance with paragraph 4(2) above.

(6) The Secretary of State may at any time before he has determined whether to grant the application direct that the written representations procedure shall apply to an objection to an application from the date of the direction, but only if the applicant and every objector to the application consents to the use of that procedure.

(7) If a notice under sub-paragraph (5) above or a direction under sub-paragraph (6) above is given, the Secretary of State may direct that any step already taken in satisfaction of any requirement under any one of the three procedures (that is to say the public inquiry, hearing or written representations procedure) shall be deemed to any extent he thinks fit to be a step taken in satisfaction of any similar requirement under another of the procedures.”.

(2) In the First Schedule, for sub-paragraphs (4) and (5) of paragraph 6A, there shall be substituted–

“(4) Where a local planning authority makes an objection in accordance with a notice under sub-paragraph (1) and does not withdraw it, 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.

(5) Where a person other than a local planning authority makes an objection in accordance with a notice under sub-paragraph (1) and does not withdraw it, 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.

(6) The provisions of paragraph 4A of this Schedule shall apply to objections to a modification as they apply to objections to an application with the necessary modifications.”.

(3) At the end of Part I of the First Schedule there shall be added–

“8A.—(1) Where no notice has been received under paragraph 4A(2) above and an objection to an application is to be considered by the written representations procedure, the Secretary of State shall (if he has not already done so) serve a copy of the objection on the applicant and shall give notice to the applicant and to the person who has made the objection that–

(a)the application will be considered by the written representations procedure, and

(b)the applicant may, no later than 28 days from the date on which the notice is served on him, submit written representations to the Secretary of State on the objection.

(2) The Secretary of State shall, no later than 7 days from the last day on which the applicant could submit representations under sub-paragraph (1) above–

(a)serve a copy of any representations made by the applicant under that sub-paragraph on the person who made the objection to which the representations relate; and

(b)notify that objector that he may, no later than 21 days from the date on which the notice is served on him, submit a written response to the representations to the Secretary of State.

(3) The Secretary of State shall serve a copy of any response received from the objector under sub-paragraph (2) above on the applicant no later than 7 days from the last day on which the objector could respond.

(4) The Secretary of State may, at any time before determining the application, by notice require the applicant or any objector to submit, within such reasonable time as the notice may specify, such further information in relation to an application or objection as the notice may specify and shall, in such a case, not determine the application until he has afforded to any person he considers affected by such further information a reasonable opportunity of commenting upon it.

(5) The Secretary of State may allow further time for the taking of any step under this paragraph (including a step to be taken by himself) and all references in this paragraph to a period within which any step is required to be taken shall be construed accordingly.”.

(4) Part II of the First Schedule is hereby repealed.