217 Appeal to magistrates’ court against s. 215 notice.E+W
(1)A person on whom a notice under section 215 is served, or any other person having an interest in the land to which the notice relates, may, at any time within the period specified in the notice as the period at the end of which it is to take effect, appeal against the notice on any of the following grounds—
(a)that the condition of the land to which the notice relates does not adversely affect the amenity of any part of the area of the local planning authority who served the notice, or of any adjoining area;
(b)that the condition of the land to which the notice relates is attributable to, and such as results in the ordinary course of events from, the carrying on of operations or a use of land which is not in contravention of Part III;
(c)that the requirements of the notice exceed what is necessary for preventing the condition of the land from adversely affecting the amenity of any part of the area of the local planning authority who served the notice, or of any adjoining area;
(d)that the period specified in the notice as the period within which any steps required by the notice are to be taken falls short of what should reasonably be allowed.
(2)Any appeal under this section shall be made to a magistrates’ court F1. . .
(3)Where such an appeal is brought, the notice to which it relates shall be of no effect pending the final determination or withdrawal of the appeal.
(4)On such an appeal the magistrates’ court may correct any informality, defect or error in the notice if satisfied that the informality, defect or error is not material.
(5)On the determination of such an appeal the magistrates’ court shall give directions for giving effect to their determination, including, where appropriate, directions for quashing the notice or for varying the terms of the notice in favour of the appellant.
(6)Where any person has appealed to a magistrates’ court under this section against a notice, neither that person nor any other shall be entitled, in any other proceedings instituted after the making of the appeal, to claim that the notice was not duly served on the person who appealed.
Textual Amendments
F1Words in s. 217(2) repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1)(3), 110, Sch. 8 para. 343, Sch. 10; S.I. 2005/910, art. 3(y)(aa)
Modifications etc. (not altering text)
C1S. 217: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3
C2S. 217(1)(b) restricted (19.9.2007) by London Local Authorities Act 2007 (c. ii), ss. 1(3), 32(2)