The Caledonian Maritime Assets (Brodick) Harbour Revision Order 2015

Appeals in respect of works or dredging licence

29.—(1) Where CMAL has—

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

(b) granted such a licence and any person who has made a competent objection and has not withdrawn it is aggrieved by the grant; or

(c) granted such a licence upon terms or conditions or has required modifications to be made in the plans, sections and particulars submitted by the applicant, and the applicant or any such person is aggrieved by CMAL’s decision as to such terms and conditions, or as to such modifications,

the person aggrieved may within 28 days from the date on which CMAL gives notice of its decision or the date on which it is under paragraph (5) of article 27 or of article 28 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 CMAL and CMAL shall as soon as practicable thereafter furnish the Scottish Ministers with all relevant documents, and may within 28 days of the receipt of that statement of appeal furnish the Scottish Ministers with its 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 the amendment of the terms and conditions or modifications of the plans, section or particulars.

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