Reference committee hearings: what happens to your appeal
What happens at a reference committee hearing for a tree restocking or enforcement notice appeal, how to prepare and what happens next.
Applies to England
After you submit a restocking notice appeal or an enforcement notice appeal, the minister refers your restocking or enforcement notice appeal to an independent committee of experts if the appeal is accepted. This committee is called the reference committee.
The reference committee visits the site where the trees were felled if you request it or if they consider it necessary. The committee holds a hearing to discuss your case.
At the hearing, the committee gives you an opportunity to appear and present your case and considers any relevant information presented by the Forestry Commission.
After the hearing, the reference committee sends a report to the minister with conclusions about the case.
The reference committee hearing may be in person or hybrid, which means some attendees may be there in person and some can attend online.
Who attends a reference committee hearing
A reference committee hearing is usually attended by:
- the people or company appealing the restocking notice and any of their representatives
- representatives of the Forestry Commission
- the reference committee members
- the secretary to the reference committee
How a reference committee hearing is organised
You’ll receive an email or letter from the secretary to the reference committee telling you the date of your site visit and hearing.
If there’s a reason why you’re unable to attend the hearing date, you should contact the secretary to the reference committee within 14 calendar days of receiving the date offer letter.
What happens before the reference committee hearing
The Forestry Commission may send a pre-hearing submission to the committee before the hearing to respond to your grounds of appeal.
You’ll be asked if you’d like to send a pre-hearing submission to the secretary, who will send it to the reference committee.
A pre-hearing submission is any additional supporting evidence of the grounds of appeal on the Form 6a. Supporting evidence may include:
- correspondence, such as emails and letters
- images of the site
- site surveys
- witness statements
- planning documents
- evidence of full planning permission
- legal documents, such as title deeds
- other documents
You should add a contents page for your documents and number each page. This makes it easier to process your pre-hearing submission.
If you’ve already sent all your supporting evidence as part of your Form 6a, you do not need to send the information again.
You should not submit any additional grounds of appeal with your pre-hearing submission. Additional grounds of appeal may not be accepted.
When to send your supporting evidence
The reference committee will request via email or in writing that your pre-hearing submission is sent to the secretary at least 4 to 6 weeks before the hearing date.
If you send your pre-hearing submission after this deadline, the reference committee may not have time to consider the information.
Your pre-hearing submission and the Forestry Commission’s pre-hearing submission are then sent to the committee together.
You’ll receive a copy of the Forestry Commission’s pre-hearing submission and Forestry Commission will receive a copy of your pre-hearing submission.
Include your restocking notice or enforcement notice number in any correspondence with the secretary to the reference committee. This makes it easier to process your request.
What happens at the reference committee hearing
The reference committee will give you the opportunity to attend the hearing.
If you choose to attend the hearing, the reference committee will ask you to present your arguments against the restocking notice. The Forestry Commission may also attend the hearing to present relevant information.
What happens after the reference committee hearing
The secretary to the reference committee records what is said during the hearing. You have the opportunity to review the record after the hearing. The Forestry Commission can also review it.
The reference committee then prepares a report and sends the report and the meeting record to the minister. You get a copy of this report after the minister has decided your appeal and you are told the decision.