C1 Part VIII Special Controls
Chapter I Trees
Consequences of tree removal, etc.
C2C3208 Appeals against s. 207 notices.
1
A person on whom a notice under section 207(1) is served may appeal to the Secretary of State against the notice on any of the following grounds—
a
that the provisions of section 206 or, as the case may be, the conditions mentioned in section 207(1)(b) are not applicable or have been complied with;
F1aa
that in all the circumstances of the case the duty imposed by section 206(1) should be dispensed with in relation to any tree;
b
that the requirements of the notice are unreasonable in respect of the period or the size or species of trees specified in it;
c
that the planting of a tree or trees in accordance with the notice is not required in the interests of amenity or would be contrary to the practice of good forestry;
d
that the place on which the tree is or trees are required to be planted is unsuitable for that purpose.
F22
An appeal under subsection (1) shall be made either—
a
by giving written notice of the appeal to the Secretary of State before the end of the period specified in accordance with section 207(3); or
b
by sending such notice to him in a properly addressed and pre-paid letter posted to him at such time that, in the ordinary course of post, it would be delivered to him before the end of that period.
F44
The notice shall—
a
indicate the grounds of the appeal,
b
state the facts on which the appeal is based, and
c
be accompanied by such information as may be prescribed.
4A
The power to make regulations under subsection (4)(c) is exercisable by—
a
the Secretary of State, in relation to England;
b
the Welsh Ministers, in relation to Wales.
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5
On F5an appeal under subsection (1) the Secretary of State shall, if either the appellant or the local planning authority so desire, give each of them an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.
F95B
Subsection (5) does not apply to an appeal to the Welsh Ministers.
6
Where F6an appeal is brought under subsection (1), the notice under section 207(1) shall be of no effect pending the final determination or the withdrawal of the appeal.
F37
On such an appeal the Secretary of State may—
a
correct any defect, error or misdescription in the notice; or
b
vary any of its requirements,
if he is satisfied that the correction or variation will not cause injustice to the appellant or the local planning authority.
F38
Where the Secretary of State determines to allow the appeal, he may quash the notice.
F38A
The Secretary of State shall give any directions necessary to give effect to his determination on the appeal.
9
Schedule 6 applies to appeals under this section.
10
Where any person has appealed to the Secretary of State under this section against a notice, neither that person nor any other shall be entitled, in any other proceedings instituted after the making of the appeal, to claim that the notice was not duly served on the person who appealed.
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Pt. VIII (ss. 197-225) except s. 223 applied (with modifications) (17.7.1992) by S.I. 1992/1492, reg. 2(1)(b)
Pt. VIII (ss. 197-225) applied (with modifications) (17.7.1992) by S.I. 1992/1492, reg. 2(2)
Pt. VIII (ss. 197-225) modified (1.4.1996) by 1994 c. 19, s. 20(3), Sch. 5 Pt. III paras. 15(1), 20 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/3198, art. 4, Sch. 2