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12.—(1) A person who is aggrieved by a decision taken by the district council—
(a)to refuse to grant an approval for a dispatch centre or purification centre; or
(b)to impose any limitation or condition in an approval granted for a dispatch centre or purification centre,
may appeal to a court of summary jurisdiction and Article 37(2) to (3) of the Order shall apply in relation to such an appeal as it applies in relation to an appeal under Article 37(1)(c) of the Order.
(2) Where an appeal against—
(a)a limitation as to the particular activities approved, the method of operation approved or the intensity of use approved; or
(b)a condition notified to the district council by the Department in accordance with regulation 11(5),
is brought in accordance with paragraph (1)(b), the appellant may continue to operate the dispatch centre or the purification centre, as the case may be, free of the limitation or condition which is being appealed against while the appeal is pending, and an appeal shall be regarded as pending for these purposes until it is finally disposed of, is struck out for want of prosecution or is withdrawn.
(3) Where an appeal is brought in accordance with paragraph (1)(b) against a condition notified to the district council by the Department in accordance with regulation 11(5), the district council shall inform the Department that such an appeal has been brought.
(4) Where an appeal is brought in accordance with paragraph (1), the court may—
(a)affirm any decision to refuse an approval;
(b)grant the approval either in its original form or with such modifications as the court may in the circumstances think fit;
(c)remit the matter to the district council with the court’s opinion on it; or
(d)make such other order in relation to the matter as the court thinks fit.
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