Regulation 35 Appeal to magistrates’ court
P may appeal to a magistrates’ court against a decision to refuse an application.
An appeal is to be made within the period of 21 days beginning with the date of the notice of decision to refuse the application.
An appeal is to be by way of complaint for an order, and in accordance with the Magistrates’ Courts Act 1980f1.
For the purposes of the time limit for making an appeal, the making of the complaint is to be treated as the making of the appeal.
On an appeal, the magistrates’ court may—
confirm the decision of the local authority appealed against, or
quash or vary the decision appealed against,
and may make such order as to costs as it thinks fit.
If the magistrates’ court quashes or varies the decision appealed against, it may remit the case to the local authority to dispose of in accordance with directions given by the court.
Annotations
Footnotes
- f1