Wildlife and Countryside Act 1981, Section 53(5)
Anyone may apply to the surveying authority (in this case North Lincolnshire Council) for the making of a modification order. This can be done if the person believes that the definitive map or statement (or both) is incorrect in what it shows and should therefore be modified accordingly. There are three forms of wording that must be used. They must be used in the manner decribed.
Schedule 7 - to be served on the council
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Schedule 8 - to be served on all owners and occupiers of land affected by the application
In some cases it may not be practicable to find out the name or address of an owner or occupier of any land to which the application relates. If the council is satisfied that this is the case, it may decide that the notice can be served by addressing it to the "owner" or "occupier" of the land (describing it). It can then be displayed in a prominent position on the land.
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Schedule 9 - to be sent to the council when notice has been served on all affected owners and occupiers
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The application sent to the council (Schedule 7) shall be accompanied by:
- a map at not less than 1:25,000 scale showing the way or ways to which the application relates; and
- copies of any documentary evidence (including statements of witnesses) that the applicant wishes to submit in support of the application.
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If the council has not determined the application within twelve months of receiving certification (Schedule 9), the applicant can make representations to the Secretary of State. The Secretary of State may, after consulting with the council, tell it to determine the application before a certain date.
Serving notices under the Wildlife and Countryside Act 1981, including the service of schedule 8 above, is subject to the requirements of section 329(1) of the Town and Country Planning Act 1990.
Any notice or other document to be served or given under this Act may be served or given by:
- delivering it to the person it is to be served on or given to
- leaving it at the usual or last known home of the person, or at an address given by the person for serving the notice
- sending it in a pre-paid registered letter (or by the recorded delivery service) addressed to the person at their usual or last known home, or at an address given by the person for serving the notice
- in the case of an incorporated company or body, by delivering it to the secretary or clerk at their registered or principal office, or sending it in a pre-paid registered letter (or by the recorded delivery service) addressed to the secretary or clerk at that office.
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