Part IIF4... 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 F5appropriate forestry authority 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 F1where the application was to fell trees in F6England or Wales, and the Scottish Ministers where the application was to fell trees in Scotland to refer the matter to a committee appointed in accordance with section 27 below and—
a
b
the committee, after compliance with section 27(3), shall thereupon make a report on the reference to the Minister F2or, as the case may be, the Scottish Ministers.
3
The Minister F2or, as the case may be, the Scottish Ministers shall, after considering the committee’s report, confirm the decision of theF5appropriate forestry authority on the application, or reverse or modify that decision and direct theF5appropriate forestry authority 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.
Word in Pt. II cross-heading omitted (1.4.2013) by virtue of The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 52 (with Sch. 7)