The Wildlife and Countryside (Sites of Special Scientific Interest, Appeals) (Wales) Regulations 2002

Action by the Council on receipt of a copy of a notice of appeal

7.—(1) The Council must, within 14 days of receiving from the National Assembly a copy of a notice of appeal, give notice in writing—

(a) in the case of a consent appeal, to any person (other than the appellant) who made representations to the Council in respect of the decision on the part of the Council to which the appeal relates (or, in the case of a deemed refusal appeal, in respect of any decision which the Council might have taken if the appellant had not treated the Council as having refused consent);

(b) in the case of a management notice appeal in relation to which the grounds of appeal include a ground that some owner or occupier of land other than the appellant should take all or any of the measures specified in the decision notice, or should pay all or part of their cost, to any such person;

(c) to any other person who appears to the Council to have a sufficient interest in the subject matter of the appeal.

(2) A notice under paragraph (1) must—

(a) identify the site of special scientific interest to which the appeal relates;

(b) be dated;

(c) be accompanied by a copy of the notice of appeal and of any decision notice;

(d) state that, within 28 days beginning with the date of the notice, the recipient may—

(i) make representations in writing, which may be in either the English language or the Welsh language, to the National Assembly with respect to the appeal and that, in that event, copies of those representations will be provided to the appellant and to the Council; and

(ii) request in writing to the National Assembly to be notified of the decision on the appeal;

(e) state that if a local inquiry is to be held, or a hearing is to be held which is to be wholly or partly in public, a recipient who makes representations in accordance with paragraph (2)(d)(i) will be notified of the date of the inquiry or hearing.

(3) A notice under paragraph (1) which is sent to a regulation 7(1)(b) party must be accompanied by a statement that if that party 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), any representations made to the National Assembly by that party should be accompanied by a statement to that effect and if so by a further statement as to whether that party wishes to be heard at a local inquiry or, alternatively, at a hearing .