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The Comhairle nan Eilean Siar (Ardveenish) Harbour Revision Order 2000

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Appeals in respect of works or dredging licences

43.—(1) Where–

(a)the Comhairle have refused to grant a works licence or a dredging licence and the applicant for the licence is aggrieved by the refusal; or

(b)the Comhairle have granted such a licence upon terms or conditions or have required modifications to be made in the plans, sections and particulars submitted by the applicant, and the applicant is aggrieved by the Comhairle’s decision as to such terms or conditions, or as to such modifications,

the applicant may within 28 days from the date on which the Comhairle give notice of their decision or the date on which they are under article 40 or article 41 above deemed to have refused the application, as the case may be, appeal to the Scottish Ministers.

(2) An appeal under this article shall be made by notice in writing, stating the grounds of the appeal.

(3) A person who appeals to the Scottish Ministers under this article shall at the same time send a copy of his statement of appeal to the Comhairle and the Comhairle shall as soon as practicable thereafter furnish the Scottish Ministers with all relevant documents, and may within 28 days from the receipt of the statement of appeal furnish the Scottish Ministers with their observations on the appeal.

(4) On an appeal under this article the Scottish Ministers may confirm, vary or revoke the decision appealed against and may require any consequential amendments to be made, including amendment of the terms and conditions or modification of the plans, sections and particulars.

(5) The Comhairle shall give effect to any decision or requirement given or made by the Scottish Ministers under paragraph (4).

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