The Sites of Special Scientific Interest (Appeals) Regulations 2009

Appeals determined by way of a hearing or inquiry—establishing the hearing or inquiry

16.—(1) This paragraph applies if the appeal is determined by way of hearing or inquiry.

(2) The Secretary of State must set a date for the hearing or inquiry, and notify the appellant, Natural England, any section 28L(2) party and any person who has made written representations concerning the appeal.

(3) The date must be at least six weeks from the date of that notification unless the appellant, Natural England and any section 28L(2) party agree to a shorter period, but any shorter period must not be less than three weeks.

(4) The Secretary of State must, no later than three weeks before the date fixed, publish notice of the appeal in a local newspaper circulating in the area in which the land which is the subject of the appeal is situated.

(5) If the date is changed the procedure in sub-paragraphs (2) to (4) must be repeated.

(6) The Secretary of State may appoint any person to hold a hearing or inquiry (referred to in this Schedule as “the inspector”) but the inspector must make a recommendation to the Secretary of State, who must make the final decision.