The Environmental Impact Assessment (Agriculture) (England) Regulations 2006

Appeals against notices

32.—(1) A person may appeal to the Secretary of State in accordance with this regulation against any of the following notices served on him—

(a) a screening notice;

(b) a stop notice;

(c) a remediation notice, or

(d) a notice under paragraph 5 of Schedule 4,

and any such notice is referred to in this regulation as the “relevant notice”.

(2) An appeal may be brought on any of the following grounds—

(a) that Natural England did not have power to serve the relevant notice, or to include a particular requirement in it;

(b) that there has been some material irregularity, defect or error in, or in connection with, the relevant notice; or

(c) that any of the requirements of the relevant notice are unreasonable.

(3) An appeal against a relevant notice must be brought by notice, which must—

(a) include a copy of the relevant notice;

(b) state the grounds of appeal; and

(c) be served on the Secretary of State within 28 days of the date of service of the relevant notice.

(4) As soon as is reasonably practicable after receiving a notice of appeal, the Secretary of State must send a copy of the notice to Natural England.

(5) Except as otherwise provided by this regulation, the Secretary of State must determine the procedure for deciding the appeal, and that procedure may include provision for site visits.

(6) Appeals under this regulation may be conducted by written representations or by hearing.

(7) On determining the appeal, the Secretary of State—

(a) may affirm, vary or revoke the relevant notice, and

(b) must notify the applicant and Natural England of his decision, together with the reasons for it.

(8) Where an appeal is brought against a screening notice or a stop notice (unless the notice is withdrawn by Natural England) all the requirements contained in it have effect until such time as the Secretary of State revokes the notice or varies the requirements.

(9) If the Secretary of State varies the requirements of a screening notice or a stop notice the variations have effect from the date of notification under paragraph (7)(b).

(10) Where an appeal is brought against a remediation notice or a notice served under paragraph 5 of Schedule 4, the notice will be of no effect until it is affirmed or varied on appeal or until the appeal is withdrawn.

(11) The Secretary of State may appoint a person to exercise on his behalf, with or without payment, his function of determining the appeal or any matter involved in the appeal, and Schedule 5 has effect in relation to such an appointment.