Regulation 21 Appeals against enforcement noticesI1

Any person on whom an enforcement notice has been served in accordance with regulation 20 may appeal to the appropriate Authority.

An appeal under this regulation shall be made within 28 days, or such longer period as the appropriate Authority may allow, beginning with the date on which the appellant receives the enforcement notice.

An appeal shall be made by notice in writing to the appropriate Authority accompanied by, or by copies of—

On receipt of a notice of appeal duly made, the appropriate Authority shall send a copy of it to F1the appropriate forestry body who shall, within 28 days beginning with the date of receipt by them of the notice of appeal, supply to the appropriate Authority copies of any representation or information provided to them in relation to any relevant consent or application for consent.

On an appeal under this regulation, the appropriate Authority may, subject to paragraph (9) below, allow or dismiss the appeal or vary any part of the enforcement notice.

The appropriate Authority shall determine an appeal within 28 days (or such longer period as it reasonably may require) beginning with—

In determining an appeal, the appropriate Authority shall take into consideration any environmental information, any representations received by the appropriate Authority in relation to the appeal and any other material consideration, including in particular its assessment of the direct and indirect effects of the relevant project on the environmental factors specified in Schedule 4.

Where an appeal has been determined, the appropriate Authority shall give notice of the decision, giving the reasons and considerations on which the decision was based, to the appellant and the appropriate forestry body.

The appropriate Authority shall not allow an appeal against an enforcement notice served by virtue of regulation 20(1)(a) where it appears to the appropriate Authority that consent is required by regulation 4.

The making of an appeal under this regulation shall have the effect of suspending the operation of any requirement in the enforcement notice to which it relates to take measures described in paragraphs (a), (c) or (d) of regulation 20(2) until the appeal is determined by the appropriate Authority or, where the appeal is withdrawn, until withdrawal of the appeal.