The Countryside Access (Appeals Procedures) (Wales) Regulations 2002

Part III APPEALS DETERMINED ON THE BASIS OF WRITTEN REPRESENTATIONS

Application

7.  Regulations 8 and 9 apply to appeals which are to be determined on the basis of written representations.

Exchange of evidence

8.—(1) In addition to any documents already sent to the National Assembly by the appellant in accordance with regulation 6 of the Provisional Maps Regulations (in the case of an appeal under section 6 of the Act), and by the respondent in accordance with regulation 4 of these Regulations, the appellant and the respondent must, within 6 weeks of the starting date, send to the National Assembly two copies of any further written representations or other documents on which they wish to rely or, if they do not wish to rely on any such further representations or other documents, a notice to that effect.

(2) The National Assembly must, as soon as practicable after receiving any further representations, other documents or notices pursuant to paragraph (1), send a copy of those representations, documents or notices to the appellant or the respondent, as appropriate.

(3) The appellant and the respondent must, within 9 weeks of the starting date, send to the National Assembly two copies of any further representations, other documents or notices on which they wish to rely or, if they do not wish to rely on any such further representations or other documents, a notice to that effect.

(4) Where representations have been made to the National Assembly by anyone other than the appellant and the respondent, the National Assembly must, as soon as practicable after receiving those representations, send a copy of them to the appellant, and to the respondent, who must, if they wish to submit any comments on those representations to the National Assembly, send two copies of their comments to the National Assembly within 9 weeks of the starting date.

(5) The National Assembly may, in a particular case, invite the appellant and the respondent to send to the National Assembly and to each other, within such reasonable time as it may specify, such further representations or other documents as it believes are necessary in order to enable the appeal to be determined.

Decision on an appeal determined by an exchange of written representations

9.—(1) The appointed person may, after the expiration of any time limits within which the appellant or the respondent are required or permitted to take any step in accordance with these Regulations, and after giving to the appellant and the respondent written notice of the intention to do so, proceed to a decision on the appeal by taking into account only such representations and other documents as have been submitted to the National Assembly within the relevant time limits.

(2) The National Assembly must notify the decision on an appeal, and its reasons for reaching that decision, in writing to:

(a) the appellant;

(b) the respondent;

(c) any interested person; and

(d) any other person who has asked to be notified of the decision whom the National Assembly considers it reasonable to notify.