Article 38 Appeals in respect of works or dredging licence

(1)

An applicant for a works licence or a dredging licence who is aggrieved by—

(a)

a refusal of the application by the Authority;

(b)

any terms or conditions subject to which the licence is granted; or

(c)

any modifications required by the Authority in the plans, sections or particulars submitted by the applicant,

may, within 28 days from the date on which the Authority notify the applicant of their decision or the date on which the Authority are, under article 36(8), deemed to have refused the application, appeal against the decision to a magistrates' court acting for the area in which the licence or proposed licence has or would have effect.

(2)

An appeal under paragraph (1) shall be made by notice in writing stating the grounds of the appeal.

(3)

The appellant shall send to the Authority a copy of the notice of his appeal.

(4)

On an appeal under paragraph (1), the court may make such order as it thinks fit, such order to be limited to the subject matter of the appeal.