Part IIF1... Power to Control Felling of Trees
Enforcement of licence conditions and felling directions
26AF2Appeals against notices given under section 24C(3) and 24D(2)
1
The following persons have a right to bring an appeal against a notice given under section 24C(3) if the person thinks that any of the grounds set out in subsection (2) applies—
a
the person to whom the notice was given;
b
a person who has such estate or interest in the land as is referred to in section 10(1);
c
the owner of the trees.
2
The grounds are—
a
a condition referred to in the notice has been complied with or is being complied with;
b
suspending or revoking the felling licence is unreasonable or disproportionate;
c
the variation of a condition of the felling licence, or the imposition of a new condition, is unreasonable or disproportionate;
d
a step specified in the notice is unreasonable or disproportionate;
e
where the notice has suspended the felling licence, the suspension should have been brought to an end by a notice given under section 24C(7)(b).
3
A person to whom a notice has been given under section 24D(2) has a right to bring an appeal against the notice if the person thinks that a step specified in the notice is unreasonable or disproportionate.
4
An appeal under this section is brought by serving a notice on the Welsh Ministers requesting that they refer the matter to a committee appointed in accordance with section 27 (and see section 26C for further provision about such requests).
Word in Pt. II cross-heading omitted (1.4.2013) by virtue of The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 52 (with Sch. 7)