The Environmental Protection (Applications, Appeals and Registers) Regulations 1991

Action upon receipt of notice of appeal

11.—(1) Subject to paragraph (4) below, the enforcing authority shall, within 14 days of receipt of the copy of the notice of appeal in accordance with regulation 9(1) above—

(a) in the case of an appeal by a person in respect of a decision of an enforcing authority to revoke an authorisation or on whom a variation notice, an enforcement notice or a prohibition notice is served, give written notice of it to any person who appears to the enforcing authority likely to have a particular interest in the subject-matter of the appeal; and

(b) in any other case give written notice of it—

(i) to any person who made representations to the authority with respect to the grant or variation of the authorisation; and

(ii) to any person who was required to be consulted on the application under paragraph 2, 6 or 7 of Schedule 1 to the 1990 Act pursuant to regulation 4(1) above.

(2) A notice under paragraph (1) above shall—

(a) state that an appeal has been lodged;

(b) give the name of the appellant and—

(i) where the prescribed process will not be carried on by means of mobile plant, the address of the premises where the prescribed process will be carried on;

(ii) where the prescribed process will be carried on by means of mobile plant, the address of this principal place of business;

(c) describe the application or authorisation to which the appeal relates;

(d) state that a copy of any representations made to the enforcing authority by any person mentioned in paragraph (1)(b) above will be sent to the Secretary of State and the appellant and will be considered by the Secretary of State when determining the appeal unless, within 21 days of the date of the notice, the person who made the representations requests the Secretary of State to disregard them;

(e) state that representations with respect to the appeal may be made to the Secretary of State in writing by any recipient of the notice within a period of 21 days beginning with the date of the notice; and

(f) state that if a hearing is to be held wholly or partly in public, a person mentioned in paragraph (1)(a) or b(i) above who makes representations with respect to the appeal and any person mentioned in paragraph (1)(b)(ii) above will be notified of the date of the hearing.

(3) The enforcing authority shall, within 14 days of sending a notice under paragraph (1) above, send to the Secretary of State a copy of any representations made to that authority by any person mentioned in paragraph (1)(b) above and shall notify the Secretary of State of the persons to whom and the date on which the notice was sent.

(4) The preceding provisions of this regulation do not apply in the case of an appeal brought under section 22(5) of the 1990 Act.