The Control of Pollution (Consents for Discharges etc.) (Secretary of State Functions) Regulations 1989

Appeals

7.—(1) In this regulation, “appeal” means an appeal to the Secretary of State under paragraph 8(2) (appeals against certain decisions of the Authority), and “appellant” shall be construed accordingly.

(2) Notice of appeal with a statement of the grounds of appeal, shall be given in writing to the Secretary of State before the expiry of the period of three months beginning with the day on which–

(a) the Authority notified the appellant of its decision; or

(b) the Authority was deemed under paragraph 2(2) to have refused consent; or

before the expiry of such longer period as the Secretary of State may allow (as the case may be).

(3) The Secretary of State may require the appellant to send him within 28 days of giving notice of appeal (or such longer period as the Secretary of State may allow) a copy of any or all of the following documents–

(a) any relevant application;

(b) any relevant maps, plans or other documents submitted in support of the application;

(c) any relevant record, consent, determination, notice or other notification given, made, issued or served by the Authority; and

(d) any other relevant correspondence between the appellant and the Authority.

(4) The Secretary of State shall–

(a) send the Authority a copy of the notice of appeal and of the statement of the grounds of appeal given to him under paragraph (2) above; and

(b) where the appeal is against such a decision as is mentioned in paragraph 8(1)(a), require the Authority to serve notice in writing, within 14 days of the receipt by it of the copy of the notice of appeal mentioned in the preceding sub-paragraph, on any person whose representations or objections with respect to the application fell to be considered by it in accordance with paragraph 1(5).

(5) A notice required to be served under paragraph (4)(b) above shall state that an appeal has been lodged, and that further representations may be made to the Secretary of State in respect of the application within a period of 21 days from the date of service of the notice.

(6) The Secretary of State shall send to the appellant and the Authority a copy of any representations received by him in pursuance of paragraph (5) above.

(7) The Secretary of State may, if he thinks fit, require the appellant or the Authority to submit to him within a specified period a further statement in writing in respect of any of the matters to which the appeal relates, and where he exercises this power he shall send to the appellant or, as the case may be, the Authority a copy of any statement made by the other.

(8) (a) If, after considering the grounds of the appeal and the documents before him, the Secretary of State is satisfied that he is sufficiently informed to determine the appeal he may, not earlier than 14 days after giving notice of his intention to the appellant and the Authority, determine the appeal without further investigation unless such investigation is required by the appellant or the Authority pursuant to paragraph (9) below.

(b) Where any requirement by the Secretary of State under paragraph (3) or (7) above has not been complied with by the expiry of the relevant period the Secretary of State may, after allowing a further specified period which appears to him reasonable, determine the appeal without further investigation.

(9) If either the appellant or the Authority within a period of fourteen days after service of notice under paragraph (8)(a) above request the Secretary of State not to determine the appeal without further investigation, the Secretary of State shall either–

(a) cause a local inquiry to be held with respect to the appeal; or

(b) afford the appellant and the Authority an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.