Article 15 Appeals against notices under article 14
The following provisions of this article shall apply in relation to any notice served by the Agency under article 14.
A person served with such a notice may, within 21 days of service of the notice, appeal to a magistrates' court on 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 article 14;
that there has been some informality, defect or error in, or in connection with, the notice;
that the Agency has refused unreasonably to approve the execution of alternative works, or that the works required by the notice to be executed are otherwise unreasonable in character or extent, or are unnecessary;
that the time within which the works are to be executed is not reasonably sufficient for the purpose;
that the notice might lawfully have been served on the occupier of the structure or embankment in question instead of on the owner, or on the owner instead of on the occupier, and that it would have been equitable for it to have been so served; and
where the work is work for the common benefit of the structure or embankment in question and another structure or embankment, that the owner or occupier of the other structure or embankment to be benefited, ought to contribute towards the expenses of executing any works required.
If and in so far as an appeal under this article 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 under this article is brought include a ground specified in paragraph (2)(e) or (f), the appellant shall serve a copy of the notice of appeal on each other person referred to, and in the case of any appeal may serve a copy of the notice of appeal on any other person having an estate or interest in the structure or embankment in question.
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 other person towards the cost of the work, or as to the proportions in which any expenses which may become recoverable by the Agency are to be borne by the appellant and such other person.
In exercising its powers under paragraph (5), the court shall have regard—
as between an owner and an occupier, to the terms and conditions, whether contractual or statutory, of the tenancy and to the nature of the works required; and
in any case, to the degree of benefit to be derived by the different persons concerned.
Subject to the right of appeal conferred by this article, if the person required by any notice served by the Agency under article 14 to execute works fails to execute the works required within the time specified in the notice, the Agency may itself execute the works and recover from that person the expenses reasonably incurred by it in so doing and, without prejudice to the Agency’s right to exercise that power, that person shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
In proceedings by the Agency against the person served with the notice for the recovery of any expenses which the Agency is entitled to recover from that person under paragraph (7), it shall not be open to that person to raise any question which could have been raised on an appeal under this article.