Regulation 7 Appeals under section 66(7)
The provisions of this regulation shall apply to an appeal brought by any person under subsection (7) of section 66 (reduction of noise levels) against a noise reduction notice served upon him by a local authority under that section.
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:—
that the notice is not justified by the terms of section 66;
that there has been some informality, defect or error in, or in connection with, the notice;
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;
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;
where the noise to which the notice relates is noise caused in the course of a trade or business, that the best practicable means have been used for preventing, or for counteracting the effect of, the noise;
that the notice should have been served on some person instead of the appellant, being the person responsible for the noise;
that the notice might lawfully have been served on some person in addition to the appellant, being a person also responsible for the noise and that it would have been equitable for it to have been so served.
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.
Where the grounds upon which an appeal is brought include a ground specified in paragraph (2)(g) 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.
On the hearing of the appeal the court may—
quash the notice to which the appeal relates, or
vary the notice in favour of the appellant in such manner as it thinks fit, or
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.
Subject to paragraph (7) below, on the hearing of the appeal the court may make such order as it thinks fit—
with respect to the person by whom any work is to be executed and the contribution to be made by any person towards the cost of the work, or
as to the proportions in which any expenses which may become recoverable by the local authority under Part III of the Act are to be borne by the appellant and any other person.
In exercising its powers under paragraph (6) above, the court shall be satisfied, before it imposes any requirements thereunder on any person other than the appellant, that that person has received a copy of the notice of appeal in pursuance of paragraph (4) above.