Water Resources Act 1991 (as amended)
Discharge Consent and Associated Appeals - Appeal Procedure Guide
Action on receipt of an appeal
15. When an appeal is received, the Inspectorate will check the appeal to see if it is valid and then, if everything is in order, give you an appeal timetable start date. We will then write to the Environment Agency informing them an appeal has been received and, if you requested that the appeal proceed by way of written representations, ask whether they agree to this or would wish to proceed by way of a hearing or local inquiry. We will also inform the Agency of the start date of the appeal.
16. We will also ask the Agency that within 14 days of receipt of notification of the appeal, they advise anyone who appears to the Agency to;
a. have an interest in the subject matter of appeal in cases relating to paragraph 2 (iii), (iv) or (v);
or
b. advise any person who made representations to the Agency in respect of a an application to grant or vary a consent, and/or is a Statutory Consultee;
that an appeal has been lodged and any further representations must be made to the Planning Inspectorate within 21 days of the start date.
Written Representations
17. The written method in dealing with an appeal is an exchange of statements between you and the Environment Agency, followed by a visit to the site by an Inspector who will determine the appeal. This is normally the quickest, simplest and cheapest way of deciding an appeal.
18. The Agency will be asked to provide the Inspectorate with a written response to your grounds of appeal (statement of case) within 28 days of the start date, sending a copy to you. (14 days in the case of an appeal against an enforcement notice.) You and the Agency will then have the opportunity to comment on each other’s representations and also on any interested party comments that may have been received. The Inspector will then visit the site.
19. It is normal practice for the Inspector to be accompanied at the site visit by a representative of both parties, in order to gain access to the site. However, the Inspector will not allow any discussion about the merits of the case and will restrict questions to the physical features of the site itself.
Hearings
20. Appellants may opt to have their appeal heard by an Inspector. A
hearing is generally held in public, conducted in the spirit of the Town
and Country Planning (Hearing Procedure)(England) Rules 2000, SI 2000
No 1626. A hearing allows the parties to present their case in a more
relaxed and less formal atmosphere than at an inquiry (see below).
It usually takes the form of a discussion led by the Inspector, followed
by a site visit. If the Inspector so decides, the discussion may be
extended to the site.
21. Either party may request a hearing or the Inspectorate may decide
a hearing is needed if comparatively complex issues are involved. Such
hearings will follow the procedure set out in paragraph 25 and also
Circular 05/2000.
22. You and the Agency will be asked to send 2 copies of a hearing statement
to the Inspectorate within 6 weeks of the start date. Any comments from
interested parties will be forwarded to you and the Agency and both
parties will have the opportunity to make any further representations
within 9 weeks of the start date.
23. The Inspectorate will advertise the hearing in a local newspaper
approximately 21 days before the hearing is due to commence and local
residents and other interested parties are allowed to attend a hearing
and, at the discretion of the Inspector, give their views. The Inspector
has powers to hold part or all of the hearing in private, but it is
expected that this will happen only rarely, for example in cases involving
commercial confidentiality and national security.
Inquiries
24. Inquiries are conducted in the spirit of the Town and Country
Planning (Inquiries Procedure) Rules 2000 (SI 2000 Nos 1624 and 1625).
25. Either party may ask for a public inquiry or the Inspectorate may decide that one is needed, but this procedure should only apply in exceptional cases. For example, where particularly complex technical evidence is submitted, or where there are a large number of submissions or a considerable amount of public interest.
26. Within 6 weeks of the start date, you and the Agency must submit 2 copies of your statement to the Inspectorate giving full details of the case to be put forward at the inquiry. Not later than 4 weeks before the inquiry, proofs of evidence and a statement of common ground should also be submitted. A proof of evidence is a written statement of the evidence a witness intends to give at the inquiry and, if it is more than 1,500 words long, there should also be a summary that is no more than 10% of the length of the proof. A statement of common ground is a list of all the matters that you and the Agency are agreed about.
27. An inquiry is more formal than a hearing and usually begins with brief opening statements from both the main parties. They can then call their witnesses to give their evidence, which can be cross-examined by the other side. The Agency will normally present its case first. Interested parties may also attend the inquiry and will usually be allowed to give their views.
28. As in Paragraph 27 above, the Inspector may hold part or all of the inquiry in private where matters such as commercial confidentiality are involved.
DECISIONS ON APPEALS
29. a) Inspector’s decision
The Inspector’s decision will be sent to the appellant and the Agency at the same time. Copies will be sent to interested persons where they have requested one, unless confidentiality is involved. The decision will include the important and relevant points which give effect to the Inspector’s decision.
b) Secretary of State decisions
Following the site visit, hearing or inquiry, the Inspector will send
a report to the Secretary of State. The report will describe the site
and give a summary of the arguments and evidence presented. The Inspector
will also make a recommendation as to whether or not the appeal should
be allowed. The Secretary of state will then consider all the issues
involved and his decision will be sent to you and the Agency with a copy
of the Inspector’s report.
