Regulation 57 Appeals: procedure

(1)

An appeal under this Part must be made by notice in writing (an “appeal notice”).

(2)

An appeal notice must include—

(a)

the name and address of the appellant;

(b)

details of the relevant development to which the appeal relates;

(c)

the decision which is appealed against;

(d)

the grounds of the appeal;

(e)

the appellant’s representations.

(3)

The Secretary of State may extend the time limit for making an appeal under this Part if satisfied that there are good reasons for doing so.

(4)

An appellant may withdraw an appeal at any time by giving notice in writing to the Secretary of State.

(5)

As soon as practicable after receiving an appeal notice, the Secretary of State must send—

(a)

to the appellant, a written acknowledgement of receipt including a reference number for the appeal and an address for written communications;

(b)

to each other interested party—

(i)

a copy of the appeal notice,

(ii)

a copy of the written acknowledgement, and

(iii)

notice of the person’s right to make written representations to the Secretary of State in relation to the appeal before the end of the representations period.

(6)

As soon as practicable after receiving written representations from an interested party, the Secretary of State must send a copy of the representations to each other interested party.

(7)

An interested party may send comments in writing to the Secretary of State on the representations of another interested party before the end of the period of 14 days beginning with the day after the day on which the representations period ended.

(8)

After considering all written representations and comments, the Secretary of State must notify the appellant and each other interested party in writing of—

(a)

the decision on the appeal, and

(b)

the reasons for the decision.

(9)

The Secretary of State may make decisions as to the costs of interested parties in relation to the appeal, including concerning which parties are to pay such costs.

(10)

In this regulation—

“interested party” means—
1. (a)
  
  Natural England;
2. (b)
  
  the appellant;
3. (c)
  
  any other liable person;
“representations period” means the period of 14 days beginning with the day after the day on which the documents specified in paragraph (5) were sent.