The Countryside Access (Exclusion or Restriction of Access) (Wales) Regulations 2003

Part VII APPEALS

Appeal against a decision of a relevant authority

16.—(1) For the purposes of these Regulations an “appeal” means:

(a) any appeal under section 30(3) of the Act (appeal by a person interested in land against a decision by a relevant authority not to act in accordance with an application or representations made by that person); and

(b) any reference under section 29(2) of the Act (reference by the relevant advisory body where the relevant authority decides not to act in accordance with advice given by that body).

(2) Subject to paragraph (3), an appeal may only be brought by sending or delivering to the National Assembly a completed appeal form which is received before the end of the appeal period.

(3) An appeal may also be brought by sending or delivering to the National Assembly a completed appeal form which is received after the end of the appeal period if the National Assembly considers that it was not reasonably practicable for the appellant to comply with the requirements of paragraph (2) and provided the completed appeal form is received within such further period after the end of the appeal period as the National Assembly considers reasonable in the circumstances.

(4) If a person who wishes to bring an appeal sends or delivers to the National Assembly written notice of that intention which is received before the end of the appeal period then, provided that person sends or delivers to the National Assembly a completed appeal form within such further period as the National Assembly may, by giving written notice to that person, require, that appeal form is to be treated as if it had been received before the end of the appeal period.

(5) The information which a completed appeal form must contain is:

(a) the name, address and postcode of the appellant;

(b) sufficient particulars of the land to which the appeal relates so as to enable that land to be identified on a map to be provided by the appellant;

(c) such particulars as will enable the National Assembly to understand the grounds on which the appeal has been brought:

(d) the nature of the interest of the appellant in the land which is subject to the appeal; and

(e) whether the appellant wishes to be heard by a person appointed by the National Assembly in connection with the appeal (rather than that the appeal be determined on the basis of written representations) and, if so, whether the appellant wishes to be heard at a local inquiry or, alternatively, at a hearing.

(6) An appeal form may be in either the English language or the Welsh language but, if the appellant wishes the appeal to be dealt with in whole or in part through the medium of the language other than that in which the appeal form is expressed, the appeal form should incorporate or be accompanied by a request to that effect.

Giving effect to the decision on an appeal

17.—(1) Where an appeal is against a decision by a relevant authority not to give a direction and the decision of the National Assembly in relation to that appeal is that the relevant authority should give a direction, the relevant authority must, as soon as possible, give a direction in accordance with the decision of the National Assembly and must comply with the requirements of regulation 12(1) (but not those of regulation 12(2)) in relation to it.

(2) Where on an appeal the National Assembly decides that the terms of a direction should be different from those of the direction originally given by the relevant authority, the relevant authority must, as soon as possible, prepare an amended direction in accordance with that decision, incorporating a statement that it is a direction amended by reason of that decision, and must comply with the requirements of regulation 12(1) (but not those of regulation 12(2)) in relation to it.

(3) A direction whose terms are required to be amended in accordance with a decision of the National Assembly on an appeal has effect as so amended from the date of that decision.

(4) Where the decision of the National Assembly, in relation to an appeal, is that a direction given by a relevant authority should be cancelled, the relevant authority must, as soon as possible, prepare a statement to that effect and comply with the requirements of regulation 12(1) (but not those of regulation 12(2)) in relation to it, as if the statement were a direction revoking that originally given.

(5) A direction which is cancelled in accordance with a decision of the National Assembly on an appeal ceases to have effect from the date of that decision.

(6) References in this regulation to decisions of the National Assembly include references to decisions by appointed persons authorised by the National Assembly to decide appeals.

Appeals procedures

18.  The Countryside Access (Appeals Procedures) (Wales) Regulations 2002(1) (“the Appeals Procedures Regulations”) are amended in accordance with Schedule 2 to these Regulations.

(1)

S.I. 2002/1794 (W.169).