Part II Commissioners’ Power to Control Felling of Trees
Restriction of felling
16 Review of refusal or conditions of licence.
1
The following provisions shall have effect for enabling the decision of the Commissioners on an application for a felling licence to be reviewed where they refuse to grant a felling licence or grant it subject to conditions.
2
A person aggrieved by the refusal or conditions may by a notice served within the prescribed time and in the prescribed manner request the Minister to refer the matter to a committee appointed in accordance with section 27 below and—
a
the Minister shall, unless he is of opinion that the grounds for the request are frivolous, refer the matter accordingly;
b
the committee, after compliance with section 27(3), shall thereupon make a report on the reference to the Minister.
3
The Minister shall, after considering the committee’s report, confirm the decision of the Commissioners on the application, or reverse or modify that decision and direct the Commissioners to give effect to the reversal or modification.
4
No request may be made under this section in respect of a refusal to grant a felling licence unless a previous application for a licence in respect of the trees has been refused and the application to which the request relates is made after the following date, that is to say—
a
where a reference under this section has been made in respect of a previous application, the third anniversary of the last such application in respect of which such a reference has been made; and
b
in any other case, the third anniversary of the first previous application.