Water Resources Act 1991 (as amended)
Discharge Consent and Associated Appeals - Appeal Procedure Guide
How To Make An Appeal
8. Full details of the procedures 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 making an 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 the decision.
e. Other appeals – before the expiry period of 3 months of the date of that you were notified 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.
In very exceptional circumstances, the Secretary of State may allow appeals after this date, however, there is no discretion to accept late appeals under paragraphs 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 the application and supporting documents
• a copy of the 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
•
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:
The Planning Inspectorate
Room 4/19 Eagle Wing
Temple Quay House
2 The Square
Temple Quay
Bristol BS1 6PN
Tel: 0117 372 8235/8254
Fax: 0117 372 6093
12. At the same time as sending the notice of appeal to the Inspectorate,
a
copy should be sent to the relevant office of the Environment Agency.
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.
