Part II ... Power to Control Felling of Trees

Enforcement of licence conditions and felling directions

F126AAppeals against notices given under section 24C(3) and 24D(2)

(1)

The following persons have a right to bring an appeal against a notice given under section 24C(3) if the person thinks that any of the grounds set out in subsection (2) applies—

(a)

the person to whom the notice was given;

(b)

a person who has such estate or interest in the land as is referred to in section 10(1);

(c)

the owner of the trees.

(2)

The grounds are—

(a)

a condition referred to in the notice has been complied with or is being complied with;

(b)

suspending or revoking the felling licence is unreasonable or disproportionate;

(c)

the variation of a condition of the felling licence, or the imposition of a new condition, is unreasonable or disproportionate;

(d)

a step specified in the notice is unreasonable or disproportionate;

(e)

where the notice has suspended the felling licence, the suspension should have been brought to an end by a notice given under section 24C(7)(b).

(3)

A person to whom a notice has been given under section 24D(2) has a right to bring an appeal against the notice if the person thinks that a step specified in the notice is unreasonable or disproportionate.

(4)

An appeal under this section is brought by serving a notice on the Welsh Ministers requesting that they refer the matter to a committee appointed in accordance with section 27 (and see section 26C for further provision about such requests).