The East Northamptonshire Resource Management Facility Order 2023

Appeal to the Secretary of State (procedure)

6.—(1) The undertaker may appeal to the Secretary of State against—

(a) the discharging authority’s refusal of an application;

(b) the discharging authority’s grant subject to conditions of an application;

(c) the discharging authority’s failure to give the written notice required by paragraph 3(1);

(d) a written notice given by the discharging authority under paragraph 4(1), 4(2) or 4(3).

(2) In order to appeal, the undertaker must, within 10 business days from the relevant day, send the Secretary of State the following documents—

(a) its grounds of appeal;

(b) a copy of the application submitted to the authority;

(c) any supporting documentation which it wishes to provide.

(3) In sub-paragraph (2), “the relevant day” means—

(a) in the case of an appeal under sub-paragraph (1)(a) or (1)(b), the day on which the undertaker is notified by the authority of its decision;

(b) in the case of an appeal under sub-paragraph (c), the day after the day on which the decision period expires;

(c) in the case of an appeal under sub-paragraph (1)(d), the day on which the undertaker receives the authority’s notice.

(4) At the same time as it sends the documents mentioned in sub-paragraph (2) to the Secretary of State, the undertaker must send copies of those documents to the authority and any consultee.

(5) As soon as reasonably practicable following receipt of the documents mentioned in sub-paragraph (2), the Secretary of State must—

(a) appoint a person (referred to in this Schedule as “the appointed person”) to determine the appeal on his behalf;

(b) give written notice to the undertaker, the authority and any consultee of the appointment and of the appointed person’s address for correspondence in relation to the appeal.

(6) Within 20 business days from the day on which the Secretary of State gives notice under sub-paragraph (5)(b), the authority and any consultee—

(a) may submit written representations in respect of the appeal to the appointed person; and

(b) must, at the same time, send a copy of any such representations to the undertaker and (if applicable) to each other.

(7) Within 10 business days from the last day on which representations are submitted to the appointed person under sub-paragraph (6), any party—

(a) may make further representations to the appointed person in response to the representations of another party; and

(b) must, at the same time, send a copy of any such further representations to each other party.