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Appealing against a decision

Separate appeals processes exist for applicants involving grants and regulatory issues (felling licenses, Environmental Impact Assessments etc.) because this often relates to contractual or other legal agreements.

You may appeal against any decision that we have made which you feel is unjust, or incorrect. For example  a decision which has resulted in either a reduction in the money due to you, or recovery of grant where we have already paid you, either through a reclaim or a penalty.

Any appeal must be accompanied by full supporting information in order for us to be able to address your concerns. There is normally an escalation option should the initial appeal decision not be in your favour. Details of the process and escalation are set out in the table below.

For penalties associated with the submission of a late claim, an appeal will only be considered where there are ‘exceptional circumstances’. Further details can be obtained here.

 Case type  1st point of appeal  2nd stage of appeal
All case decisions relating to grant schemes. Including decisions to withhold payment, or recover grant. Area Director in your local Forest Services Area Office

Legacy Manager,England National Office or

Independent appeal process[1]

Penalty associated with a cross compliance penalty. Rural Payments Agency (RPA)Customer Services team[2]

 

Penalty associated with an annual claim or capital claim (such appeals can only be made where there are ‘exceptional circumstances’. Further details can be obtained here. Legacy Manager,England National Office

Sustainable Forest Management Team Leader
England National office

Felling Licenses – usually linked to the conditions being approved (for restocking), or the refusal to issue a licence. Area Director in your local Forest Services Area Office

The appropriate Forestry Minister[3]


Enforcement Notice following failure to comply with a conditional licence.
The appropriate Forestry Minister[4]

 

Illegal Felling - Restocking Notice The appropriate Forestry Minister[5]

 


Illegal felling Enforcement Notice
The appropriate Forestry Minister[6]

 

EIA - Applicant wishes to appeal against the FC’s Consent Decision or the Conditions Imposed with the consent. Area Director in your local Forest Services Area Office

The appropriate Forestry Minister

EIA - A member of the public wishes to appeal against the FC’s Consent Decision. The High Court in England

 

EIA – A land owner wishes to appeal against being served an Enforcement Notice. The appropriate Forestry Minister

 


[1] For English Woodland Grant Scheme cases, you have the right to appeal through the independent appeal process, usually a Member of the Institute of Chartered Foresters. Further information can be obtained here. For Farm Woodland Schemes approved before 2015 you may appeal through the 'Appointed Person' process, details can be obtained here.
[2] Cross Compliance penalties are required to be imposed by RPA. Any appeal must be directed to the RPA’s Customer Service Team, for Basic Payment Scheme (BPS), Single Payment Scheme (SPS) and Rural Development Schemes:
Rural Payments Agency
PO Box 352
Worksop
S80 9FG
Tel: 03000 200 301     Email: ruralpayments@defra.gsi.gov.uk
[3] Under section 16 of the Forestry Act, the Minister may choose to refer the appeal to a regional committee (usually members of the regional Farm and Woodland Advisory Committee (FWAC)
[4] Under section 25 of the Forestry Act, the Minister may choose to refer the appeal to a regional committee (usually members of the regional Farm and Woodland Advisory Committee (FWAC
[5] Under section 17b of the Forestry Act, the Minister may choose to refer the appeal to a regional committee (usually members of the regional Farm and Woodland Advisory Committee (FWAC)
[6] Under section 25 of the Forestry Act, the Minister may choose to refer the appeal to a regional committee (usually members of the regional Farm and Woodland Advisory Committee (FWAC)

If you have lodged an appeal with us and are not satisfied with the way that we have dealt with it, you have the right to make a complaint about the way we have handled your case. As the appeals process is treated as routine business any complaint at this stage will be regarded as stage 3.

 

 

Last updated: 24th October 2017