# The Control of Noise (Appeals) Regulations 1975, Regulation 5: Appeals under section 60(7)


(1) The provisions of this regulation shall apply to an appeal brought by any person under subsection (7) of section 60 (control of noise on construction sites) against a notice served upon him by a local authority under that section.
(2) The grounds on which a person served with such a notice may appeal under the said subsection (7) may include any of the following grounds which are appropriate in the circumstances of the particular case:—
(a) that the notice is not justified by the terms of section 60;
(b) that there has been some informality, defect or error in, or in connection with, the notice;
(c) that the authority have refused unreasonably to accept compliance with alternative requirements, or that the requirements of the notice are otherwise unreasonable in character or extent, or are unnecessary;
(d) that the time, or, where more than one time is specified, any of the times, within which the requirements of the notice are to be complied with is not reasonably sufficient for the purpose;
(e) that the notice should have been served on some person instead of the appellant, being a person who is carrying out, or going to carry out, the works, or is responsible for, or has control over, the carrying out of the works;
(f) that the notice might lawfully have been served on some person in addition to the appellant, being a person who is carrying out, or going to carry out, the works, or is responsible for, or has control over, the carrying out of the works, and that it would have been equitable for it to have been so served;
(g) that the authority have not had regard to some or all of the provisions of section 60(4).
(3) If and so far as an appeal is based on the ground of some informality, defect or error in, or in connection with, the notice, the court shall dismiss the appeal, if it is satisfied that the informality, defect or error was not a material one.
(4) Where the grounds upon which an appeal is brought include a ground specified in paragraph (2)(e) or (f) above, the appellant shall serve a copy of his notice of appeal on any other person referred to, and in the case of any appeal to which this regulation applies he may serve a copy of his notice of appeal on any other person having an estate or interest in the premises in question.
(5) On the hearing of the appeal the court may—
(a) quash the notice to which the appeal relates, or
(b) vary the notice in favour of the appellant in such manner as it thinks fit, or
(c) dismiss the appeal;
and a notice which is varied under sub-paragraph (b) above shall be final and shall otherwise have effect, as so varied, as if it had been so made by the local authority.

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Source: https://www.legislation.gov.uk/uksi/1975/2116/regulation/5 (the official version)
Page: https://openlegislation.uk/control-of-noise-appeals-regulations-1975/regulation-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.