Discharge and Other Consents - appeal procedure guide

How to make an Appeal

8. Full details of the procedures for making an appeal are contained in regulations 8 - 13 of the Control of Pollution (Applications, Appeals and Registers) Regulations 1996. For convenience, the main steps are outlined below.

Time Limit For Appeal

9. a) Revocation - an appeal must be made before the revocation takes effect;
   

   b) Enforcement - before the expiry of the period of 21 days beginning with the date of the enforcement notice;

   c) Anti Pollution Works Notices – before the expiry of 21 days of the day the notice was served.
   
   d) Exclusion from the Public Register of certain confidential information - before the expiry of the period of 21 days from which the applicant is notified of the decision;
   
   e) Other appeals - before the expiry period of 3 months of the date of the Agency's decision. Where the Agency fail to determine an application within 4 months, or any agreed period, appeals must be made within 3 months from the end of this period.
   
   f) The National Assembly for Wales may accept appeals submitted after this time period, depending on the circumstances but he has no discretion to accept late appeals under Paragraph 2(iii), (iv) and (v) and in commercially confidential cases.
   

Notice Of Appeal

10. The notice of appeal must be made in writing and should be accompanied by:




• a statement of the grounds of appeal;



• a copy of any relevant application and supporting documents;



• a copy of consent to discharge (if applicable);



• any relevant decision, notice or other document which is the subject matter of the appeal and any other correspondence between the parties; and
  

  o a statement indicating whether you wish the appeal to be decided by way of a hearing or on the basis of written representations.
  

11. The notice of appeal should be sent to

12. At the same time as sending this to the Inspectorate a copy should be sent to the relevant office of the Agency, as the Inspectorate does not do this.

The Effect Of Making An Appeal

13. If an appeal is made against the changes in a discharge consent those changes will not come into effect until the appeal has been decided, at which time they either come into operation or are modified or deleted.
14. If the appeal has been lodged against an enforcement notice, the effect of the notice is not suspended pending the outcome of the appeal.

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