# The Designation of Features (Appeals) (England) Regulations 2012, Note: Explanatory note


(This note is not part of the Regulations)
Under Section 30 of, and Schedule 1 to, the Flood and Water Management Act 2010 (c. 29) (“the Act”), the Environment Agency, a local authority or an internal drainage board (the “Designating Authority”) may designate structures or environmental features that affect a flood or coastal erosion risk, though they may not necessarily have been designed or constructed for that purpose. Once designated, the owner of the designated feature cannot alter, remove or replace it without consent. Paragraph 15 of Schedule 1 to the Act requires the Minister to provide the right of appeal for people affected by the use of these designation powers by a Designating Authority.
These Regulations provide a right of appeal against—
(a) designations and enforcement notices under Schedule 1 to the Act; and
(b) related decisions made under paragraphs 6 and 9 of that Schedule.
They confer jurisdiction on the First-tier Tribunal to consider appeals made under these Regulations. They make provision for procedure and for the powers of the First-tier Tribunal in determining the appeal.
Regulation 7 requires the Secretary of State to review the operation and effect of these Regulations in relation to designations of structures or features and to publish a report within 5 years after these Regulations come into force.
Appeals under these Regulations and the process for bringing an appeal are also governed by the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 (S.I. 2009/1976).
An impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector is available from the website of the Department for Environment, Food and Rural Affairs at www.defra.gov.uk.

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Source: https://www.legislation.gov.uk/uksi/2012/1945/note (the official version)
Page: https://openlegislation.uk/designation-of-features-appeals-england-regulations-2012/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.