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Natural England can refuse consent or grant consent with conditions if they think your proposed activity, such as ploughing or removing plants, could damage a site of special scientific interest (SSSI). They can also change or withdraw a consent they previously gave you.

Check if you need permission for an activity and find out how to apply.

Natural England will send you a letter explaining their reasons if they:

• refuse consent for an activity youve proposed
• give consent but with specific conditions - such a time limit for the consent
• withdraw or change a consent they previously gave you

The letter will also tell you how you can appeal and may contain other information such as details of payments Natural England will make if you carry out the work.

Appeal deadlines

You have 2 months, from the date of Natural Englands notice, in which to appeal to the Secretary of State.

If you havent received a decision from Natural England within 4 months of the date you sent them your request for consent, you must appeal within the 2 months following those 4 months.

Who can appeal

You can appeal as an SSSI owner or occupier if:

• youve been refused consent for works or an activity
• you dont agree to the conditions attached to a consent - eg a time limit
• Natural England havent given you their decision within 4 months of your application (which you can treat as a refusal of consent)
• a previous consent has been changed or withdrawn

Youll need to explain why you disagree with Natural England refusing you consent. The reasons you give are known as your grounds of appeal.

Youll be given a chance to supply supporting statements, eg expert views, later on. However, if you dont at least mention all of your main reasons when you request an appeal, it could lengthen the process and you might have to pay costs.

Before you appeal

You may be able to avoid an appeal by discussing your reasons for wanting to carry out the activity with your Natural England SSSI adviser (particularly if you didnt do this before you applied for consent). If you cant reach agreement you could use a mediator - this could be arranged by the Centre for Effective Dispute Resolution.

You may be able to agree an extension of the appeal deadline with Natural England, eg if youre working to avoid the need for a formal appeal. However, you must agree any extension in writing before the 2-month appeal period ends. If you do end up appealing youll need to send a copy of this agreement to Defra along with your appeal.

Choose how to appeal

When you submit your notice of appeal youll need to say which of the following procedures youd like to follow:

• appeal by written representations
• appeal by hearing
• appeal by inquiry

The Secretary of State will consider your choice but may decide the appeal should follow a different procedure if it believes its more appropriate to the case. For example, if your case is very complex, of great public interest or where an inspector may need to cross-examine several witnesses, Defra is most likely to choose an inquiry.

If any party asks to be heard in connection with the appeal there must be a hearing or inquiry.

Whichever procedure your appeal goes through, an inspector from the Planning Inspectorate will consider your case and write a report based on the evidence for the Secretary of State, wholl make the final decision.

First steps for all appeals

Your appeal will start with these steps whichever procedure it goes through.

1. You send Defra a notice of appeal including all of the required information and documents.
2. Defra reviews your appeal notice and, as long as it decides its valid, the Secretary of State forwards it to Natural England who have 2 weeks to say which procedure they would like the appeal to follow. Within 4 weeks of the date the Secretary of State wrote to Natural England, the Secretary of State will write to tell all parties the procedure the appeal will follow. The date of this letter is the start date of your appeal.
3. Within 2 weeks of the start date Natural England gives notice of the appeal to any interested parties (giving them 4 weeks to submit representations), and tells you and Defra who theyve contacted. Youll get a copy of any representations later on.
4. Within 6 weeks of the start date you and Natural England send Defra your statement of case and interested parties send Defra their representations.
5. Defra then sends you Natural Englands statement, and sends yours to them if youve provided one.

The next steps vary depending on whether you appeal by written representations, hearing or inquiry.

Appeal by written representations

This is likely to be cheapest and quickest. Youll still usually have to wait at least 4 months to get a decision, but if you appeal by hearing or inquiry it could take a year or longer.

You wont need to attend any meeting and costs cant be awarded against you.

An appeal by written representations will go through the standard steps for all appeals. It will then go through these steps.

1. Within 3 weeks of exchange of statements, you and Natural England send Defra any comments.
2. Defra shares each parties comments.
3. Defra shares any representations made (including by interested parties) and you and Natural England have 3 weeks from receiving them to make any comments.
4. An inspector from the Planning Inspectorate considers your case and may visit your site.
5. The inspector reports to the Secretary of State.
6. The Secretary of State decides on the appeal and Defra sends you and other parties a decision notice and report.

If you send information to Defra once a deadline has passed or the information you send doesnt relate to grounds given in your initial appeal it may not be considered.

Appeal by hearing

A hearing is a discussion of your appeal led by an inspector. Its less formal than an inquiry - eg witnesses arent cross-examined - and its usually quicker and cheaper.

An appeal by hearing will go through the standard steps for all appeals as well as these steps.

1. The Secretary of State sets a date for the hearing. Youll be given at least 6 weeks notice of the confirmed hearing date unless everyone agrees to hold it at an earlier date.
2. Within 3 weeks of exchange of statements and representations, you and Natural England send Defra any comments.
3. Defra shares each parties comments.
4. At least 4 weeks before the hearing, you and Natural England submit any witness statements or statement of common ground.
5. At least 3 weeks before the hearing, Defra puts notice of appeal in the local press.
6. Hearing takes place. The inspector visits the site during or after the hearing.
7. The inspector reports to the Secretary of State.
8. The Secretary of State decides on the appeal and Defra sends you and other parties a decision notice and report.

Appeal by inquiry

An inquiry is also led by an inspector from the Planning Inspectorate. It usually takes longer and costs more than appealing by written representations or by hear

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