Commentary on Sections Part 3 – Dealing With Tip Instability and Threats to Tip Stability Overview of Chapter Section 42 – Power to cancel notice
172.Section 42 provides the Authority with a power to cancel a section 35 notice. The Authority may give a notice of cancellation to an owner of land at any time before the operations required by the section 35 notice are completed, even if works have begun or an application to vary or cancel the notice has been made under section 38.
173.The situations in which the Authority may wish to cancel a notice may include, for example, situations where circumstances change after the date on which the notice was given, and the Authority is of the view that different operations should now be performed on the land. In accordance with subsection (6)(b), cancelling a notice does not affect the Authority’s power to give a further section 35 notice in relation to the land. A new notice could therefore be given requiring different operations to be carried out on the land.