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Part IE+W Access to the countryside

Chapter IIE+W Exclusion or restriction of access

30 Appeal by person interested in land.E+W

(1)Subsections (2) and (3) apply where—

(a)a person interested in any land (in this section referred to as “the applicant”)—

(i)has applied for a direction under section 24 or 25, or

(ii)has made representations on being consulted under section 27(5), but

(b)in any respect, the relevant authority decide not to act in accordance with the application or the representations.

(2)The relevant authority shall inform the applicant of their reasons for not acting in accordance with the application or representations.

(3)The applicant may appeal against the decision—

(a)in the case of land in England, to the [F1Secretary of State], or

(b)in the case of land in Wales, to the National Assembly for Wales.

(4)On appeal under this section the [F2Secretary of State]or the National Assembly for Wales may, if he or it thinks fit—

(a)cancel any direction given by the relevant authority, or

(b)require the relevant authority to give such direction under section 24 or 25 as the [F2Secretary of State] or, as the case may be, the Assembly, think fit.

(5)Sections 7 and 8 (and Schedule 3) have effect in relation to an appeal under this section as they have effect in relation to an appeal under section 6 F3. . ..

(6)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Words in s. 30(3)(a) substituted (27.3.2002) by S.I. 2002/794, art. 5(1), Sch. 1 para. 44(2) (with arts. 5(3), 6)

F2Words in s. 30(4) substituted (27.3.2002) by S.I. 2002/794, art. 5(1), Sch. 1 para. 44(3) (with arts. 5(3), 6)

F3Words in s. 30(5) repealed (27.3.2002) by S.I. 2002/794, art. 5(2), Sch. 2 (with art. 6)

F4S. 30(6) repealed (27.3.2002) by S.I. 2002/794, art. 5(2), Sch. 2 (with art. 6)