Environmental Protection Act 1990 Part II - Waste Management Licences - The Appeal Procedure Guidance
How to make an appeal
9. Forms on which the notice of appeal may be given can be obtained from:
The Planning Inspectorate
Room 4/19 Eagle Wing
Temple Quay House
2 The Square
Temple Quay
Bristol BS1 6PN
Tel: 0117 372 8812
Fax: 0117 372 6093
For appeals in Wales please send the appeal documents to the address on page 3 of this booklet.
10. For an appeal to be valid appellants are legally required to provide:
a) written notice of appeal (the completed and signed appeal form);
b) a statement of the grounds of appeal. Your grounds of appeal should explain in full why you are aggrieved by the Agency’s decision. It should describe those aspects of the decision you would wish to change and how the change should be effected;
c) a copy of the relevant application and supporting documents;
d) a copy of the waste management licence (if any);
e) any relevant decision, notice, planning permission/established use/lawful use certificate and any other documents which are the subject matter of the appeal and any other correspondence between the parties; and
f) a statement indicating whether you wish the appeal to be dealt with by the written representation procedure or be heard by an Inspector. A hearing or inquiry will be held if you or the Agency request this or if the Inspector or the Secretary of State decides to hold one.
11. The appeal should be sent to the Planning Inspectorate at the address
in paragraph 9. At the same time a copy should be sent to the relevant
Environment Agency office. No charge is made for lodging an appeal.
Time limit for making an appeal
12. An appeal should be received by the Planning Inspectorate within 6 months of the Agency’s decision. If no decision has been made on a licence application (deemed refusal) within the relevant time, an appeal must be made within 6 months of the date the Agency should have made their decision. Appeals made outside the time limit are accepted only in very exceptional circumstances.
Action on receipt of an appeal
13. 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 Agency informing
them that an appeal has been received. If you have requested that the
appeal proceed by way of written representations, we will ask the Agency
if they agree or whether they would wish to proceed by a hearing or
inquiry. We will also inform the Agency of the start date for the appeal.