Paragraph 4

(1)

The provisions of this paragraph apply to an appeal under regulation 32 or 33 which falls to be determined by an appointed person and, in the case of an appeal under regulation 32, apply instead of regulation 33(9).

(2)

If the appellant or Natural England informs the appointed person that he or it wishes to appear before and be heard by him, the appointed person must give him or it an opportunity to do so.

(3)

Even if the appellant or Natural England has not asked to appear and be heard, the appointed person—

(a)

may—

(i)

in the case of an appeal under regulation 32, hold a hearing in connection with the appeal or matter, and

(ii)

in the case of an appeal under regulation 33, hold a hearing or local inquiry in connection with the appeal or matter; and

(b)

must, in the case of an appeal under regulation 33, hold a local inquiry in connection with the appeal or matter if the Secretary of State directs.

(4)

The appointed person must notify his decision to hold a hearing or a local inquiry (as the case may be) to the appellant, Natural England and to any persons who notified the Secretary of State that they wish to make representations under regulation 33(8).

(5)

If an appointed person holds a hearing or local inquiry under this Schedule, the Secretary of State may appoint an assessor to sit with the appointed person and advise him on any matters arising, notwithstanding that the appointed person is to determine the matter or appeal.

(6)

Subject to regulation 33(12), the costs of the hearing or local inquiry held under this Schedule must be met by the Secretary of State.