The Greenhouse Gas Emissions Trading Scheme Regulations 2005

Regulation 34(4)

SCHEDULE 4 Appeals under regulation 32: Northern Ireland

1.—(1) A person who wishes to appeal to the Planning Appeals Commission (“the appeals commission”) under regulation 32 shall give to the appeals commission written notice of the appeal together with the documents specified in sub-paragraph (2) and shall at the same time send to the regulator a copy of that notice together with copies of the documents specified in sub-paragraphs (2)(a) and (f).

(2) The documents mentioned in sub-paragraph (1) are—

(a) a statement of the grounds of appeal;

(b) a copy of any relevant application;

(c) a copy of any relevant greenhouse gas emissions permit;

(d) a copy of any relevant correspondence between the appellant and the regulator;

(e) a copy of any decision or notice which is the subject matter of the appeal; and

(f) a statement indicating whether the appellant wishes the appeal to be in the form of a hearing or to be disposed of on the basis of written representations.

(3) An appellant may withdraw an appeal by notifying the appeal body in writing and shall send a copy of that notification to the regulator.

2.—(1) Subject to sub-paragraph (2), notice of appeal in accordance with paragraph 1 is to be given—

(a) in the case of an appeal under regulation 32(1)(a) to (e), before the expiry of the period of six months beginning with the date of the decision or deemed decision which is the subject matter of the appeal;

(b) in the case of an appeal under regulation 32(2) against a revocation notice, before the date on which the revocation notice takes effect;

(c) in the case of an appeal under regulation 32(2) against a variation notice or an enforcement notice or an appeal under regulation 32(3)(a), before the expiry of the period of two months beginning with the date of the notice which is the subject matter of the appeal;

(d) in the case of an appeal under regulation 32(1)(f) against a determination of reportable emissions, before the expiry of the period of two months beginning with the date of the notice which is the subject matter of the appeal;

(e) in the case of an appeal under regulation 32(3)(b) or (c), before the expiry of the period of 15 working days beginning with the date of the decision which is the subject matter of the appeal;

(f) in the case of an appeal under regulation 32(3)(d) or (e), 32(4), before the expiry of the period of 2 months beginning with the date of the decision which is the subject matter of the appeal.

(2) The appeals commission may in a particular case allow notice of appeal to be given after the expiry of the periods mentioned in sub-paragraph (1)(a) or (c).

3.—(1) The regulator shall, within 14 days of receipt of the copy of the notice of appeal sent in accordance with paragraph 1, give notice of it to any person who appears to the regulator to have a particular interest in the subject matter of the appeal.

(2) A notice under sub-paragraph (1) shall—

(a) state that notice of appeal has been given;

(b) state the name of the appellant and the location of the installation concerned;

(c) describe the application or greenhouse gas emissions permit to which the appeal relates;

(d) state that representations with respect to the appeal may be made to the appeals commission in writing by any recipient of the notice within a period of 21 days beginning with the date of the notice and that copies of any representations so made will be furnished to the appellant and to the regulator; and

(e) state that if a hearing is to be held wholly or partly in public, a person mentioned in sub-paragraph (1) or (2) who makes representations with respect to the appeal and any person mentioned in sub-paragraph (1) will be notified of the date of the hearing.

(3) The regulator shall, within 14 days of sending a notice under sub-paragraph (1), notify the appeals commission of the persons to whom and the date on which the notice was sent.

(4) In the event of an appeal under regulation 32 being withdrawn, the regulator shall give notice of the withdrawal to every person to whom notice was given under sub-paragraph (1).

4.—(1) The appeals commission shall determine the appeal and paragraphs (1), (3), (4) and (5) of Article 111 of the Planning (Northern Ireland) Order 1991 shall apply in relation to the determination of the appeal as they apply in relation to the determination of an appeal under that Order.

(2) If either party to the appeal so requests, the appeals commission shall afford to each of them an opportunity of appearing before and being heard by the appeals commission.

(3) A hearing held under sub-paragraph (2) may, if the appeals commission so decides, be held wholly or partly, in private.