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The Access to the Countryside (Exclusions and Restrictions) (England) Regulations 2003

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This is the original version (as it was originally made).

Notification of decision—appeals determined by the Secretary of State

54.—(1) This regulation applies where an inquiry has been held for the purposes of any appeal to be determined by the Secretary of State.

(2) The Secretary of State shall, as soon as practicable, notify her decision on an appeal, and her reasons for it, in writing to—

(a)the appellant and the relevant authority; and

(b)any other person who—

(i)appeared at the inquiry, or

(ii)is an interested person.

(3) Where a copy of the inspector’s report is not sent with the notification of the decision, the notification shall be accompanied by a statement of the inspector’s conclusions and of any recommendations made by him, and if a person entitled to be notified of the decision has not received a copy of that report, he shall be supplied with a copy of it on written application to the Secretary of State.

(4) In this regulation, “report” includes any assessor’s report appended to the inspector’s report but not any other documents so appended; but any person who has received a copy of the report may apply to the Secretary of State, in writing, within six weeks of the date of the Secretary of State’s decision, for an opportunity of inspecting such documents, and the Secretary of State shall afford him such an opportunity.

(5) Any person applying to the Secretary of State under paragraph (3) or (4) shall ensure that his application is received by the Secretary of State within four weeks of the Secretary of State’s decision.

(6) The Secretary of State shall ensure that, as soon as practicable after any notification has been given under paragraph (2), a copy of the notification is made available for inspection on the website maintained by the Planning Inspectorate Executive Agency for a period of three months.

(7) An inspector may, in place of the Secretary of State, take such steps as the Secretary of State is required or enabled to take under or by virtue of this regulation.

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