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CARAVANS ACT (NORTHERN IRELAND) 1963 - SECT 8

Power of district council to alter conditions attached to site licences.

8.(1) The conditions attached to a site licence may be altered at any time
(whether by the variation or cancellation of existing conditions, or by the
addition of new conditions, or by a combination of any such methods) by the
[district council], but before exercising their powers under this sub-section
the [district council] shall afford to the holder of the licence an
opportunity of making representations.

(2) Subject to sub-section (3), where the holder of a site licence is
aggrieved by any alteration of the conditions attached thereto or by the
refusal of the [district council] of an application by him for the alteration
of any conditions attached to a site licence, he may, within twenty-eight days
of the date on which written notification of the alteration or refusal is
given to him, serve on the [district council] a notice of appeal to the court
of summary jurisdiction acting for the petty sessions district in which the
land to which the site licence relates is situated; and the court may, if it
allows the appeal, give to the [district council] such directions as may be
necessary to give effect to its decision.

(3) Sub-section (2) shall not apply in relation to any such condition as is
referred to in section 5(1)(a), but where the holder of a site licence is
aggrieved by any alteration of any such condition attached to a site licence
or by the refusal of the [district council] of an application by him for the
alteration of that condition, he may within twenty-eight days of the date on
which written notification of the alteration or refusal is given to him appeal
against the alteration or refusal to the Ministry; and the Ministry may, if it
allows the appeal, give to the [district council] such directions as may be
necessary to give effect to its decision.

(4) Before determining an appeal under sub-section (3), 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.

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

(6) Where the holder of a site licence applies to a [district council] for the
alteration of any condition attached thereto, the application shall be deemed
to be refused at the expiration of the period of two months from the date on
which the [council] receive the application unless within that period the
[council] notify the holder of the determination of the application.

(7) Where a [district council] alter the conditions attached to a site licence
in pursuance of an application made in that behalf by the holder of a
site licence, that holder shall pay a fee of one pound to the [council].

(8) The alteration by a [district council] of the conditions attached to any
site licence shall not have effect until written notification thereof has been
served on the holder of the licence, and in so far as any such alteration
imposes a requirement on the holder of the licence to carry out on the land to
which the licence relates any works which he would not otherwise be required
to carry out, the alteration shall not have effect during the period within
which the said holder is entitled by virtue of sub-section (2) to serve a
notice of appeal against the alteration nor, thereafter, whilst an appeal
against the alteration is pending.

(9) In exercising the powers conferred by sub-section (1) and sub-section (2)
respectively, a [district council] and a court of summary jurisdiction shall
have regard amongst other things to any model conditions which may have been
specified by the Ministry under section 5(7).

(10) A court of summary jurisdiction shall not have power under this section
to give to a [district council] any direction requiring any alteration in any
condition attached to a site licence issued in respect of any land which
corresponds to any condition (in whatever words expressed) for the time being
in force subject to which [planning permission has been granted under the Act
of 1944 or the Order of 1972] for the use of that land as a caravan site.


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