Part 8High hedges

Appeals

I1I272Appeals procedure

1

The appeal authority may by regulations make provision with respect to—

a

the procedure which is to be followed in connection with appeals to that authority under section 71; and

b

other matters consequential on or connected with such appeals.

2

Regulations under this section may, in particular, make provision—

a

specifying the grounds on which appeals may be made;

b

prescribing the manner in which appeals are to be made;

c

requiring persons making appeals to send copies of such documents as may be prescribed to such persons as may be prescribed;

d

requiring local authorities against whose decisions appeals are made to send to the appeal authority such documents as may be prescribed;

e

specifying, where a local authority are required by virtue of paragraph (d) to send the appeal authority a statement indicating the submissions which they propose to put forward on the appeal, the matters to be included in such a statement;

f

prescribing the period within which a requirement imposed by the regulations is to be complied with;

g

enabling such a period to be extended by the appeal authority;

h

for a decision on an appeal to be binding on persons falling within section 71(2) in addition to the person by whom the appeal was made;

i

for incidental or ancillary matters, including the awarding of costs.

3

Where an appeal is made to the appeal authority under section 71 the appeal authority may appoint a person to hear and determine the appeal on its behalf.

4

The appeal authority may require such a person to exercise on its behalf any functions which—

a

are conferred on the appeal authority in connection with such an appeal by section 71 or 73 or by regulations under this section; and

b

are specified in that person’s appointment;

and references to the appeal authority in section 71 or 73 or in any regulations under this section shall be construed accordingly.

5

The appeal authority may pay a person appointed under subsection (3) such remuneration as it may determine.

6

Regulations under this section may provide for any provision of Schedule 20 to the Environment Act 1995 (c. 25) (delegation of appellate functions) to apply in relation to a person appointed under subsection (3) with such modifications (if any) as may be prescribed.

7

In this section, “prescribed” means prescribed by regulations made by the appeal authority.