The Sites of Special Scientific Interest (Appeals) Regulations 2009

Time limits for the notice of appeal

8.—(1) A notice of an appeal concerning a management notice must reach the Secretary of State within two months from the date of that management notice, or within such longer period as is agreed in writing before that date between Natural England and the appellant(1).

(2) If a notice of appeal is received within the time limits, but without any of the information or documents required by paragraph 7, the Secretary of State may in exceptional circumstances extend those time limits to enable the required information to be provided.

(1)

This sub-paragraph deals with time limits for appeals relating to management notices. The relevant time limits for appeals relating to consents and stop notices are set out in section 28F of the 1981 Act and Schedule 11 to the Countryside and Rights of Way Act 2000. For consents, the relevant parts of section 28(F), as construed in accordance with section 27A of the 1981 Act read—

“(2) If Natural England neither give consent nor refuse it within the period of four months beginning with the date on which the notice referred to in section 28E(1)(a) was sent, the person who gave that notice may for the purposes of subsection (1) treat Natural England as having refused consent (and his appeal is to be determined on that basis).

(3) Notice of an appeal must reach the Secretary of State—

(a) except in a case falling within subsection (2), within the period of two months beginning with the date of the notice giving consent or the notice under section 28E(5) or (6), or

(b) in a case falling within subsection (2), within the period of two months beginning immediately after the expiry of the four-month period referred to there,

or, in either case, within such longer period as is agreed in writing between Natural England and the appellant.”.

For stop notices the relevant time limits are the same, as modified by paragraph 11(2) of Schedule 11 to the Countryside and Rights of Way Act 2000, which modifies section 28F(3) so that it reads—

“Notice of an appeal must reach the Secretary of State within the period of two months beginning with the date of the stop notice or within such longer period as is agreed in writing between Natural England and the appellant.”.