The Designation of Features (Appeals) (Wales) Regulations 2012

• Citation: S.I. 2012/1819 (W.)
• Sections: 6

Section 1 Title, commencement and application

(1) The Title of these Regulations is the Designation of Features (Appeals) (Wales) Regulations 2012 and they come into force on the day after the date on which they were made.

(2) These Regulations apply in relation to designations of structures or features in Wales.

Section 2 Interpretation

In these Regulations—

“consent decision” (“ penderfyniad cydsynio ”) means a decision in connection with consent on an application under paragraph 6 of Schedule 1;

“enforcement notice” (“ hysbysiad gorfodi ”) means an enforcement notice given under paragraph 11 of Schedule 1; and

“Schedule 1” (“ Atodlen 1 ”) means Schedule 1 to the Flood and Water Management Act 2010.

Section 3 Right to appeal a designation

(1) An owner who is given a notice under paragraph 8(1) of Schedule 1 may appeal on any ground to the First-tier Tribunal against the designation.

(2) On deciding an appeal under paragraph (1), the First-tier Tribunal must confirm or cancel the designation.

Section 4 Right to appeal a decision on an application for consent to alter, remove or replace

(1) An owner who is given notice of a consent decision may appeal on any ground to the First-tier Tribunal against the decision.

(2) For the purpose of paragraph (1), a responsible authority which, at the end of the last day of the notice period, has not given an owner notice of a consent decision which it has made is taken to have given the owner notice on that day refusing to give consent.

(3) On deciding an appeal under paragraph (1), the First-tier Tribunal must confirm the consent decision or substitute it.

(4) In this regulation, “notice period” (“ cyfnod hysbysu ”) means the period of 2 months beginning with the day following that on which a responsible authority receives an application for consent under paragraph 6 of Schedule 1.

Section 5 Right to appeal a refusal to cancel a designation

(1) An owner who is given notice of refusal of an application may appeal on any ground to the First-tier Tribunal against the refusal to cancel the designation.

(2) For the purpose of paragraph (1), a responsible authority which, at the end of the last day of the notice period, has not given an owner notice of a decision which it has made on an application is taken to have given the owner notice on that day refusing the application.

(3) On deciding an appeal under paragraph (1), the First-tier Tribunal must confirm the refusal or cancel the designation.

(4) In this regulation—

“application” (“ cais ”) means an application under paragraph 9 of Schedule 1; and

“notice period” (“ cyfnod hysbysu ”) means the period of 2 months beginning with the day following that on which a responsible authority receives an application.

Section 6 Right to appeal an enforcement notice

(1) A person who is given an enforcement notice may appeal on any ground to the First-tier Tribunal against the notice.

(2) On deciding an appeal under paragraph (1), the First-tier Tribunal must—

(a) confirm the enforcement notice; or

(b) determine that the notice is to cease to have effect.