Appealing a Decision
If you are aggrieved by the decision of the SuDS Approving Body to refuse SAB approval then you can appeal to the Welsh Government in accordance with The Sustainable Drainage (Appeals) (Wales) Regulations 2018.
If you want to appeal, then you must do so within six months of the date of the decision notice using a form which you can get from the Welsh Government. This must state the following details:
- The grounds of appeal
- Any facts the appellant will rely on to support the grounds of appeal
- The name, address and telephone number of the appellant and agent.
It must also include copies of the decision notice, the application and any supporting plans/drawings, in addition to a statement as to whether you wish to have the appeal dealt with by way of written representations, a hearing or an inquiry. Full details are available via the Regulations in the above link.
An Inspector is appointed to determine the appeal. Within 7 days they will notify all parties of the appeal procedure (criteria to be released in due course). They will then determine the appeal, and inform the SAB and appellant of their decision.
Appealing an Enforcement Notice
If you do not agree with an enforcement notice you have received, you may lodge an appeal on the following grounds:
- The decision was based on an error of fact;
- The decision was wrong in law;
- The decision was unreasonable;
- There is no breach of the requirement for approval.
Upon receipt of a valid appeal, an enforcement notice is suspended until the appeal is determined or withdrawn.
If you want to appeal, then you must do so within four weeks of the date of the enforcement notice using a form which you can get from the Welsh Government. This must state the following details:
- The grounds of appeal
- Any facts the appellant will rely on to support the grounds of appeal
- The name, address and telephone number of the appellant and agent.
It must also include copies of the enforcement notice, the application and any related stop notice(s), in addition to a statement as to whether you wish to have the appeal dealt with by way of written representations, a hearing or an inquiry. Full details are available via The Sustainable Drainage (Enforcement) (Wales) Order 2018.