Section 7 Appeal to magistrates’ court against conditions attached to site licence. Appeal against conditions attached to site licenceC2F6
England, Wales and Scotland
Any person aggrieved by any condition (other than the condition referred to in subsection (3) of section five of this Act) subject to which a site licence has been issued to him in respect of any land may, within twenty-eight days of the date on which the licence was so issued, appeal to a magistrates’ court F1... F2; and the court or, in a case relating to land in England, to F3the tribunal; and the court or tribunal, if satisfied (having regard amongst other things to any standards which may have been specified by the Minister under subsection (6) of the said section five) that the condition is unduly burdensome, may vary or cancel the condition.
In a case where F5the tribunal varies or cancels a condition under subsection (1), it may also attach a new condition to the licence in question.
In so far as the effect of a condition (in whatever words expressed) subject to which a site licence is issued in respect of any land is to require the carrying out on the land of any works, the condition shall not have effect during the period within which the person to whom the site licence is issued is entitled by virtue of the foregoing subsection to appeal against the condition nor, thereafter, whilst an appeal against the condition is pending.
Annotations
Textual amendments
- F1
Words in s. 7(1) repealed (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 108, Sch. 10; S.I. 2005/910, art. 3(y)
- F2
Words in s. 7(1) substituted (E.W.) (1.4.2014) by Mobile Homes Act 2013 (c. 14), ss. 3(2)(a), 15(1)
- F3
Words in s. 7(1) substituted (18.7.2014) by The Transfer of Tribunal Functions (Mobile Homes Act 2013 and Miscellaneous Amendments) Order 2014 (S.I. 2014/1900), art. 1, Sch. 1 para. 4(a)
- F4
S. 7(1A) inserted (E.W.) (1.4.2014) by Mobile Homes Act 2013 (c. 14), ss. 3(2)(b), 15(1)
- F5
Words in s. 7(1A) substituted (18.7.2014) by The Transfer of Tribunal Functions (Mobile Homes Act 2013 and Miscellaneous Amendments) Order 2014 (S.I. 2014/1900), art. 1, Sch. 1 para. 4(b)
- F6
Words in s. 7 substituted (E.W.) (1.4.2014) by Mobile Homes Act 2013 (c. 14), ss. 3(2), 15(1)
Modifications
- C1
S. 7(1) savings for effects of 2013 c. 14, s. 3(2)(a) (E.) (1.4.2014) by The Mobile Homes Act 2013 (Commencement and Saving Provision) (England) Order 2014 (S.I. 2014/816), art. 5
- C2
S. 7 heading savings for effects of 2013 c. 14, s. 3(2) (E.) (1.4.2014) by The Mobile Homes Act 2013 (Commencement and Saving Provision) (England) Order 2014 (S.I. 2014/816), art. 5
Notes on Part I
Modifications
- C1
Pt. I extended by London Government Act 1963 (c. 33), Sch. 17 para. 21(1)
- C2
Pt. I (ss. 1–32) applied (E.W.) by Local Government Finance Act 1988 (c. 41, SIF 81:1), ss. 31(7), 66(7)
- C3
Pt. I (ss. 1-32) definition of caravan applied by Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c. 47, SIF 81:2; 103:2), s. 2(3)(as amended by Caravans (Standard Community Charge and Rating) Act 1991 (c. 2, SIF 81:1,2), s. 2(1))
- C4
Pt. I (ss. 1-32) applied (E.W.) (6.3.1992) by Local Government Finance Act 1992 (c. 14), s. 7(6) (with s. 118(1)(2)(4)).
- C5
Pt. I: power to disapply conferred (W.) (28.4.2026) by Development of Tourism and Regulation of Visitor Accommodation (Wales) Act 2026 (asc 10), ss. 57(2)(b), 61(1)