The Access to the Countryside (Appeals against Works Notices) (England) Regulations 2011

Date and notification of inquiry

27.—(1) The date fixed by the Secretary of State for the holding of an inquiry must be—

(a) where a pre-inquiry meeting is held pursuant to regulation 25, not later than eight weeks after the conclusion of that meeting; and

(b) in any other case eighteen weeks from the start date, unless the holding of the inquiry on that date is not practicable.

(2) The Secretary of State must give the appellant, the appropriate authority and every interested person not less than four weeks’ written notice of the date, time and place fixed for the holding of an inquiry.

(3) But the Secretary of State may agree with the appellant and the appropriate authority that a lesser period of notice may be given.

(4) The Secretary of State may—

(a) change the date fixed for the holding of an inquiry (whether or not the date as changed is within the relevant period mentioned in paragraph (1)); or

(b) change the time or place for the holding of an inquiry.

(5) Where, under paragraph (4)(a), the Secretary of State changes the date for the holding of an inquiry, paragraphs (2) and (3) apply to the new date as they applied to the date originally fixed.

(6) Where, under paragraph (4)(b) the Secretary of State changes the time or place for the holding of an inquiry, the Secretary of State must give reasonable notice of such change.

(7) The Secretary of State—

(a) may require the appropriate authority to publish, not less than two weeks before the date fixed for the inquiry, a notice of the inquiry in one or more newspapers circulating in the locality in which the appeal land is situated;

(b) may require the appropriate authority to affix a notice of the inquiry firmly to the appeal land or to some object on or near the land in such manner as to be readily visible to and legible by members of the public; and

(c) must ensure that a notice of the inquiry is made available for inspection on a relevant website until the appeal is determined.

(8) Where a notice is affixed pursuant to paragraph (7)(b), the appropriate authority may not remove the notice, or cause it to be removed, for such period before the hearing as the Secretary of State may specify.

(9) Every notice of an inquiry under paragraph (7) must contain—

(a) a statement of the date, time and place of the inquiry and of the powers enabling the Secretary of State to determine the appeal; and

(b) a brief description of the appeal land and of the grounds of appeal.

(10) A notice under paragraph (7) may relate to more than one inquiry.