254Right to appeal against tree replacement notice(1)

A person on whom a copy of a tree replacement notice is served may appeal to the Welsh Ministers against the notice.

(2)

An appeal may be made on one or more of the following grounds—

(a)

that the requirement to plant replacement trees is not applicable or has been complied with;

(b)

in a case where the requirement to plant replacement trees was imposed by section 245, 246 or 248, that in all the circumstances of the case the requirement should be dispensed with in relation to any tree or trees;

(c)

that the requirements of the notice are unreasonable in respect of—

(i)

the period within which the tree or trees must be planted, or

(ii)

the size or species of tree or trees that must be planted;

(d)

that the planting of a tree or trees in accordance with the notice is not required in the interests of amenity or would be contrary to the practice of good forestry;

(e)

that the place in which the tree or trees must be planted is unsuitable for that purpose.

(3)

An appeal under this section must be made by—

(a)

serving a notice of appeal on the Welsh Ministers before the date specified in the tree replacement notice as the date on which it is to take effect,

(b)

sending a notice of appeal to the Welsh Ministers in a properly addressed and pre-paid letter posted to them at a time when, in the ordinary course of post, it would be delivered to them before that date, or

(c)

sending a notice of appeal to the Welsh Ministers using electronic communications at a time when, in the ordinary course of transmission, it would be delivered to them before that date.

(4)

The notice of appeal must—

(a)

indicate the grounds of the appeal, and

(b)

state the facts on which the appeal is based.

(5)

Regulations may specify further information that must be submitted with the notice of appeal.

(6)

Where an appeal is made—

(a)

the tree replacement notice has no effect until the appeal is finally determined or withdrawn (see also section 379(4) where proceedings are brought under that section in relation to the notice);

(b)

neither the appellant nor any other person is entitled, in any other proceedings started after the making of the appeal, to claim that a copy of the tree replacement notice was not served on the appellant in accordance with section 252.

(7)

In this section references to a requirement to plant replacement trees have the meaning given by section 252(7).