{
  "url": "https://openlegislation.uk/control-of-noise-appeals-regulations-1975/regulation-6",
  "json_url": "https://openlegislation.uk/control-of-noise-appeals-regulations-1975/regulation-6.json",
  "legislation": "uksi/1975/2116",
  "legislation_title": "The Control of Noise (Appeals) Regulations 1975",
  "legislation_url": "https://openlegislation.uk/control-of-noise-appeals-regulations-1975",
  "path": "regulation/6",
  "kind": "regulation",
  "number": "6",
  "heading": "Appeals under section 61(7)",
  "text": "(1) The provisions of this regulation shall apply to an appeal brought by any person under subsection (7) of section 61 (prior consent for work on construction sites) in relation to a conditional consent given by a local authority under that section or in relation to an authority's refusal or failure to give a consent within the period specified in subsection (6) of that section.\n(2) In this regulation, “conditional consent” means a consent given by a local authority under section 61 in respect of which the authority have attached any condition or imposed any limitation or qualification in pursuance of section 61(5)(a), (b) or (c); and “conditions” includes any limitation or qualification so imposed.\n(3) The grounds on which a person to whom a local authority give a conditional consent may appeal under the said subsection (7) may include any of the following grounds which are appropriate in the circumstances of the particular case:—\n(a) that any condition attached or imposed in relation to the consent (in this regulation referred to as “a relevant condition”) is not justified by the terms of section 61;\n(b) that there has been some informality, defect or error in, or in connection with, the consent;\n(c) that the requirements of any relevant condition are unreasonable in character or extent, or are unnecessary;\n(d) that the time, or where more than one time is specified, any of the times, within which the requirements of any relevant condition are to be complied with is not reasonable sufficient for the purpose.\n(4) If and so far as an appeal is based on the ground of some informality, defect or error in, or in connection with, the consent, the court shall dismiss the appeal, if it is satisfied that the informality, defect or error was not a material one.\n(5) Where the appeal relates to a conditional consent given by a local authority, on the hearing of the appeal the court may—\n(a) vary the consent or any relevant condition in favour of the appellant in such manner as it thinks fit, or\n(b) quash any relevant condition, or\n(c) dismiss the appeal;\nand a consent or condition which is varied under sub-paragraph (a) above shall be final and shall otherwise have effect, as so varied, as if it had been given, attached or imposed in that form by the authority.\n(6) Where the appeal relates to a local authority's refusal or failure to give a consent within the period specified in section 61(6), on the hearing of the appeal the court shall afford to the appellant and to the authority an opportunity of making representations to it concerning the application under section 61(1) to which the appeal relates and concerning the terms and conditions of any consent which they consider to be appropriate thereto, and thereafter the court shall either—\n(a) adjourn the appeal to enable the appellant to submit to the authority a new application under section 61(1) relating to the matters which are the subject of the appeal, or\n(b) make an order giving consent to the application either unconditionally or subject to such conditions as it thinks fit, having regard to the provisions of section 61(4), (5) and (9), and any other matters which appear to it to be relevant,\nand any consent given by an order made under sub-paragraph (b) above shall be final and shall otherwise have effect for the purpose of Part III of the Act as if it were a consent given by the local authority under section 61.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1975/2116/regulation/6",
    "retrieved_at": "2026-10-29T20:48:19.558334+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}