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CARAVANS ACT (NORTHERN IRELAND) 1963 - SECT 7

Appeal to court of summary jurisdiction or Ministry against conditions attached to site licence.

7.(1) Any person aggrieved by any condition (other than any such condition as
is referred to in section 5(1)(a) or (3) or the condition referred to in
section 5(4)) subject to which a site licence has been issued to him in
respect of any land may, within twenty-eight days of the date on which the
licence was so issued, serve on the [district council] who issued the licence
a notice of appeal to the court of summary jurisdiction acting for the petty
sessions district in which the land is situated; and the court, if satisfied
(having regard amongst other things to any model conditions which may have
been specified by the Ministry under section 5(7)) that the condition is
unduly burdensome, may vary or cancel the condition.

(2) Any person aggrieved by any such condition as is referred to in
section 5(1)(a) subject to which a site licence has been issued to him in
respect of any land may, within twenty-eight days of the date on which the
licence was so issued, appeal against that condition to the Ministry; and
the Ministry if satisfied that the condition is unduly burdensome, may vary or
cancel that condition.

(3) Before determining an appeal under sub-section (2), the Ministry shall, if
the appellant so desires, afford to him an opportunity of appearing before and
being heard by an independent person appointed by the Ministry for the
purpose; and where the Ministry affords such an opportunity to the appellant
the Ministry shall afford the like opportunity to the [district council] who
imposed the condition which is the subject of the appeal.

(4) An independent person appointed under sub-section (3) shall report to
the Ministry on any hearing held by him.

(5) In so far as the effect of a condition (in whatever words expressed)
subject to which a site licence is issued in respect of any land is to require
the carrying out on the land of any works, the condition shall not have effect
during the period within which the person to whom the site licence is issued
is entitled by virtue of sub-section (1) to serve a notice of appeal against
the condition nor, thereafter, whilst an appeal against the condition is
pending.

© 1963 Crown Copyright

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