PART 8Appeals

CHAPTER 1General

Rights of appeal73

1

Subject to paragraph (3), the following persons may appeal to the appeal body—

a

a person who is aggrieved by a decision determining any application made by them under these Regulations;

b

a person who is aggrieved by a notice served on them under any provision mentioned in paragraph (2).

2

Those provisions are—

a

regulation 11(2), (3)(b) or (4);

b

regulation 14(1);

c

regulation 26(2);

d

regulation 37(1), (2)(b) or (3);

e

regulation 43(1);

f

regulation 44(4);

g

regulation 45(2);

h

regulation 50(1) or (3);

i

paragraph 8(1) or (4) of Schedule 5;

j

paragraph 6(7)(a) of Schedule 6, in relation to a decision to make a request under paragraph 6(5)(a) or (b) of that Schedule;

k

paragraph 7(11)(a) of Schedule 6, in relation to a decision to make a request under paragraph 7(9)(a) of that Schedule;

l

paragraph 7(11)(b) of Schedule 6;

m

paragraph 8(11)(a) of Schedule 6, in relation to a decision to make a request under paragraph 8(9)(a) or (b) of that Schedule;

n

paragraph 11(2) of Schedule 6;

o

paragraph 10(2) of Schedule 7.

3

An appeal under paragraph (1) may not be made to the extent that the decision implements—

a

a direction given by the authority under section 40 of the Environment Act 1995 F2, article 11 of the NRBW Order or regulation 37 of the Northern Ireland Regulations F1, or

b

a direction given by an appeal body under these Regulations.