208 Appeals against s. 207 notices.E+W
(1)A person on whom a notice under section 207(1) is served may appeal to the Secretary of State against the notice on any of the following grounds—
(a)that the provisions of section 206 or, as the case may be, the conditions mentioned in section 207(1)(b) are not applicable or have been complied with;
(b)that the requirements of the notice are unreasonable in respect of the period or the size or species of trees specified in it;
(c)that the planting of a tree or trees in accordance with the notice is not required in the interests of amenity or would be contrary to the practice of good forestry;
(d)that the place on which the tree is or trees are required to be planted is unsuitable for that purpose.
(2)An appeal under subsection (1) may be made at any time within the period specified in the notice as the period at the end of which it is to take effect.
(3)Such an appeal shall be made by notice in writing to the Secretary of State.
(4)The notice shall indicate the grounds of the appeal and state the facts on which it is based.
(5)On any such appeal the Secretary of State shall, if either the appellant or the local planning authority so desire, give each of them an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.
(6)Where such an appeal is brought, the notice under section 207(1) shall be of no effect pending the final determination or the withdrawal of the appeal.
(7)On the determination of such an appeal the Secretary of State shall give directions for giving effect to the determination, including, where appropriate, directions for quashing the notice under section 207(1) or for varying its terms.
(8)On such an appeal the Secretary of State may—
(a)correct any informality, defect or error in the notice under section 207(1), or
(b)give directions varying the terms,
if he is satisfied that the correction or, as the case may be, the variation can be made without injustice to the appellant or the local planning authority.
(9)Schedule 6 applies to appeals under this section.
(10)Where any person has appealed to the Secretary of State under this section against a notice, neither that person nor any other shall be entitled, in any other proceedings instituted after the making of the appeal, to claim that the notice was not duly served on the person who appealed.
[F1(11)Subsection (5) of section 250 of the Local Government Act 1972 (which authorises a Minister holding an inquiry under that section to make orders with respect to the costs of the parties) shall apply in relation to any proceedings before the Secretary of State on an appeal under this section as if those proceedings were an inquiry held by the Secretary of State under section 250.]
Textual Amendments
F1S. 208(11) inserted by virtue of Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 6, Sch. 4 paras. 1, 5 (which temp. insertion falls (2.1.1992) for specified purposes only by virtue of S.I. 1991/2698, art. 3)