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The Wildlife and Countryside (Sites of Special Scientific Interest, Appeals) (Wales) Regulations 2002

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Appeal to be decided after a hearing

14.—(1) This regulation applies to an appeal which is to be decided after a hearing.

(2) Except as otherwise provided in these Regulations, the appointed person may determine the procedure relating to a hearing.

(3) The Council and the appellant must, within 42 days of the starting date, send to the National Assembly, to each other and to any regulation 7(1)(b) party, a written statement (together with copies of any documents, photographs, maps or plans referred to in that statement) containing full particulars of the case which that person proposes to put forward at the hearing.

(4) The National Assembly may by notice in writing require the Council or the appellant to provide, within such reasonable time as it may require, such further specified information as appears to the National Assembly to be relevant to the appeal and any party required to provide such further information must, when sending it to the National Assembly, send a copy to the other party.

(5) The National Assembly must, not less than 42 days before the date which it has fixed for the holding of the hearing (or such shorter period as the appellant and the Council may agree), give the appellant, the Council and any regulation 7(1)(b) party notice of the date time and place of that hearing and the name of the person appointed to conduct it.

(6) The National Assembly must, not less than 21 days before the date fixed for the hearing—

(i)publish, in at least one newspaper circulating in the area in which the land to which the appeal relates is situated, a notice containing the same information as that required to be given to the appellant and the Council under paragraph (5); and

(ii)send a copy of that notice to any person to whom a notice was sent under regulation 7(1)(a) or 7(1)(c) and who has made representations in writing to the National Assembly.

(7) The National Assembly may vary the date fixed for the hearing, in which case paragraphs (4) and (5) apply to the date as varied as they apply to the date originally fixed.

(8) The National Assembly may vary the time or place fixed for the hearing, in which case it must give such notice of such variation as appears to it to be reasonable.

(9) The persons entitled to be heard at a hearing are—

(a)the appellant;

(b)the Council;

(c)any regulation 7(1)(b) party,

(d)any person to whom a notice was sent under regulation 7(1)(a) or 7(1)(c) and who has made representations in writing to the National Assembly.

(10) The person who conducts the hearing may permit any other person to be heard and such permission must not be unreasonably withheld.

(11) The hearing may be held wholly or partly in private if the appellant so requests and the person conducting the hearing agrees.

(12) The person conducting the hearing may from time to time adjourn it and if the date time and place of the resumed hearing are announced at the hearing when it is adjourned, no further notice is to be required.

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