Citation, commencement and application

1. These Regulations—

(a) may be cited as the Designation of Features (Appeals) (England) Regulations 2012;

(b) come into force on the day after the date on which they are made; and

(c) apply in relation to designations of structures or features in England.

Interpretation

2. In these Regulations—

“consent decision” means a decision in connection with consent on an application under paragraph 6 of Schedule 1;

“enforcement notice” means an enforcement notice given under paragraph 11 of Schedule 1; and

“Schedule 1” means Schedule 1 to the Flood and Water Management Act 2010.

Right to appeal a designation

3. —(1) An owner who is given a notice under paragraph 8(1) of Schedule 1 may appeal on any ground to the First-tier Tribunal against the designation.

(2) On deciding an appeal under paragraph (1), the First-tier Tribunal must confirm or cancel the designation.

Right to appeal a decision on an application for consent to alter, remove or replace

4. —(1) An owner who is given notice of a consent decision may appeal on any ground to the First-tier Tribunal against the decision.

(2) For the purpose of paragraph (1), a responsible authority which, at the end of the last day of the notice period, has not given an owner notice of a consent decision which it has made is taken to have given the owner notice on that day refusing to give consent.

(3) On deciding an appeal under paragraph (1), the First-tier Tribunal must confirm the consent decision or substitute it.

(4) In this regulation, “notice period” means the period of 2 months beginning with the day following that on which a responsible authority receives an application for consent under paragraph 6 of Schedule 1.

Right to appeal a refusal to cancel a designation

5. —(1) An owner who is given notice of refusal of an application may appeal on any ground to the First-tier Tribunal against the refusal to cancel the designation.

(2) For the purpose of paragraph (1), a responsible authority which, at the end of the last day of the notice period, has not given an owner notice of a decision which it has made on an application is taken to have given the owner notice on that day refusing the application.

(3) On deciding an appeal under paragraph (1), the First-tier Tribunal must confirm the refusal or cancel the designation.

(4) In this regulation—

“application” means an application under paragraph 9 of Schedule 1; and

“notice period” means the period of 2 months beginning with the day following that on which a responsible authority receives an application.

Right to appeal an enforcement notice

6. —(1) A person who is given an enforcement notice may appeal on any ground to the First-tier Tribunal against the notice.

(2) On deciding an appeal under paragraph (1), the First-tier Tribunal must—

(a) confirm the enforcement notice; or

(b) determine that the notice is to cease to have effect.

Review

7. —(1) The Secretary of State must from time to time—

(a) carry out a review of these Regulations;

(b) set out the conclusions of the review in a report; and

(c) publish the report.

(2) The report must in particular—

(a) set out the objectives intended to be achieved by these Regulations;

(b) assess the extent to which those objectives are achieved; and

(c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

(3) The first report under this regulation must be published before the end of the period of 5 years beginning with the day on which these Regulations come into force.

(4) Reports under this regulation are afterwards to be published at intervals not exceeding 5 years.