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Form T35

Document Cited in Related
Vincent
Published date21 March 2018
Subject MatterEnvironment Tribunal forms
Notice of appeal (Nitrate vulnerable zone)

Notice of appeal (Nitrate vulnerable zone)

This form is for making an appeal to the First-tier Tribunal (Environment) against a Decision notice.
The First-tier Tribunal (Environment) is administered by the Tribunals Service, an executive agency of the Ministry of Justice, and is independent of the Regulators.

Please read ‘Guide to completing the Notice of Appeal/Application’ before completing this form.

HM Courts & Tribunals Service

General Regulatory Chamber

First-tier Tribunal (Environment)

PO Box 9300,

Leicester LE1 8DJ

Tel: 0300 123 1924

Fax: 0116 249 4253

Please complete the form legibly, using black ink and CAPITAL LETTERS. If you need more space on which to write, please include the name of the person making the appeal and any relevant reference numbers on the paper that you use.

1. Appellant’s Details

Your title
(please enter Mr., Miss, Ms etc.)

Full name

Address

Postcode

Telephone number

Mobile

Please note that if you provide an e-mail
address or fax number, you must be prepared to
accept delivery of documents by that method.

Fax

Email

Organisation Name:

(if applicable)

Job Title:

2. Representative’s details

Please note, if you appoint a representative all correspondence, including any hearing notification, will be sent to the representative, not to you. If a representative ceases to act for you, you should notify the Tribunal immediately.

Do you have a representative?

Yes No

If Yes, please complete the following.

Title
(please enter Mr., Miss, Ms etc.)

Full name

Name of firm or organisation

Address

Postcode

Telephone number

Mobile

Fax

Email

Representative’s reference number

3. About the Decision Notice

Name and Address of the Regulator issuing the decision notice

Department for Environment, Food and Rural Affairs,

Nobel House

17 Smith Square

London SW1P 3JR

Their Notice Reference number

Date of the Notice you are appealing

Date you received the Notice

4. Expert Evidence

Are you intending to submit expert evidence?

Yes No

Please tick this box if your expert evidence is enclosed

If you will be submitting expert evidence but are unable to do so now, please tell us the date you will be submitting your expert evidence.

5. Time Limit for making an appeal

You are required to lodge an appeal with the Tribunal within 28 days of the Decision Notice being sent. The Tribunal may accept a Notice of Appeal outside this time limit under certain circumstances.

It will only do so if you request an extension of time and provide the reason(s) why the notice was not provided in time. The Tribunal will then consider whether to grant you the right to bring your appeal.

Please tick this box if you would like the Tribunal to consider an out of time appeal (See explanatory note)

Please set out below the reasons that you would like the Tribunal to consider when assessing whether to accept your out of time appeal. You can use extra sheets of paper if required.

6. Outcome of your appeal

Please tell us below what outcome you are seeking from your appeal.

7. Grounds of Appeal

Please state what you are asking the Tribunal to do and give full details of the grounds for your appeal. Please identify the land whose inclusion in the zone you are disputing and please explain
the evidence on which you rely to support that. Please use additional sheets of paper if you need
to do so.

The issues the Tribunal is able to consider are:-

the relevant holding or any part of it —

(a) does not drain into water which

(i) the Secretary of State is minded to identify, or to continue to identify, as being polluted, or

(ii) has been similarly identified in Wales or Scotland, or

(b) drains into water which the Secretary of State should not identify, or continue to identify, as being polluted.

You can use extra sheets of paper if required

8. Type of Hearing and Venue

Please indicate whether you wish the appeal to be dealt with at an oral hearing or based on written submissions, by ticking the appropriate box below (please see explanatory notes before making a selection).

Paper Hearing

Oral Hearing

The Tribunal will decide as to where the hearing will take place but will usually take into account...

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