The Countryside and Rights of Way Act 2000, Access Appeals. (England)
A Guide for Appellants (Notice Appeals)
This guidance sets out the procedures for appeals made under section 38 of the Countryside and Rights of Way Act 2000 to the Secretary of State for Environment, Food and Rural Affairs in connection with means of access.
This guidance applies only to appeals in England.
Only the courts can give an authoritative interpretation of any point of law, so this guidance has no legal force.
Contents:
1. Introduction
2. How to make an appeal
- Do I have the right to appeal?
- When and how do I make the appeal?
- How do I decide which procedure will be best for my appeal?
- Who else can be involved?
- How much will it cost?
3. What happens when we receive an appeal
- Checking the appeal form has been fully completed
- Checking that your appeal is valid
- What happens if something is missing?
- Setting the 'start date'
4. The written representations procedure
5. The hearing procedure
- The timetable of events following the start date for hearing cases
- Notice of the hearing
- Will I be able to ask for a postponement of the hearing?
- Conduct of a hearing
- Should I instruct a representative to present my case at the hearing?
- What happens after the hearing?
6. The inquiry procedure
- The timetable of events following the start date for inquiry cases
- Pre-inquiry meetings
- What publicity will be given to the inquiry?
- Will I be able to ask for a postponement of the inquiry?
- Should I instruct a representative to present my case at the inquiry?
- Who will be allowed to speak at the inquiry?
- Procedure at inquiry
- The site visit
- What happens after the inquiry?
7. Changes to procedure
- What happens if I want to change an agreed procedure?
- What happens if the access authority concedes my appeal?
- What happens if I decide to withdraw my appeal?
8. How the decision will be made
9. How long it will take
10. Costs
11. Complaints
12. Data protection and privacy
- Data Protection
- Who has access to your personal information?
- What information do we hold?
- What steps should you take?
- The Data Controller
- Your rights to see personal information
- Complaints about access to personal information
13. About the Planning Inspectorate
Words and phrases used in this guidance
The following terms are used in this guidance:
- Access authorities are highway authorities or, in a National Park, the National Park authority.
- The Countryside and Rights of Way Act 2000 will be referred to elsewhere in this guidance simply as "the Act".
- Appeals against notices issued under both section 36 and 37 are referred to as "notice appeals".
- The Secretary of State for Environment, Food and Rural Affairs will be referred to as "the Secretary of State".
- "Means of access" are defined in section 34 of the Act and include: openings, gates, stiles steps and bridges but exclude access roads or paths (see paragraph 1.2 for a fuller definition)
