Regulation 10 Right to appeal to tribunal in relation to the owner’s decisionI1

England and Wales

(1)

Within 21 days of receipt of the consultation response document a consultee may appeal to a tribunal^f1 on one or more of the grounds specified in paragraph (2).

(2)

The grounds are that—

(a)

a site rule makes provision in relation to any of the prescribed matters set out in Schedule 5;

(b)

the owner has not complied with a procedural requirement imposed by regulation 7 to 9 of these Regulations;

(c)

the owner’s decision was unreasonable having regard, in particular to—

(i)

the proposal or the representations received in response to the consultation;

(ii)

the size, layout, character, services or amenities of the site; or

(iii)

the terms of any planning permission or conditions of the site licence.

(3)

Where a consultee makes an appeal under this regulation, the consultee must notify the owner of the appeal in writing F1... within the 21 day period referred to in paragraph (1) above.

Annotations

Textual amendments

F1: Words in reg. 10(3) omitted (19.12.2014) by virtue of The Mobile Homes (Site Rules) (England) (Amendment) Regulations 2014 (S.I. 2014/3073), regs. 1, 2(2)

Commencement

I1: Reg. 10 in force at 4.2.2014, see reg. 1

Footnotes

f1: As defined by section 5 of the 1983 Act.