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Caravan Sites and Control of Development Act 1960

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This is the original version (as it was originally enacted).

3(1)A person on whom a notice is served, or any other person having an interest in the building to which the notice relates, may at any time within the period specified in the notice as the period at the expiration of which it is to take effect, appeal to the Minister against the notice on any of the following grounds, that is to say—

(a)that the works to which the notice relates were not, or were not wholly, works in contravention of subsection (6) of section thirty of the Act of 1947, or

(b)that the requirements of the notice exceed what is necessary for restoring the building to its condition before the works to which the notice relates were carried out, or

(c)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, or

(d)that any of the steps required by the notice to be taken would not serve the purpose of restoring the character of the building to what it was before the works to which the notice relates were carried out, and that, if and so far as those works constituted the carrying out of development in contravention of Part III of the Act of 1947, permission ought to be granted for the retention of those works.

(2)On an appeal under this paragraph Part III of the Act of 1947 shall have effect as if an application for permission for the development, if any, involved in the works to which the notice relates had been duly made under the said Part III and referred to the Minister under section fifteen of that Act. The provisions of this sub-paragraph shall not be taken as applying sections thirty-six and thirty-seven of the Town and Country Planning Act, 1959.

(3)If an appeal is brought under this paragraph the notice shall be of no effect pending the final determination or withdrawal of the appeal.

(4)An appeal under this paragraph shall be made to the Minister by a written notice which shall indicate the grounds on which the appeal is brought; and on an appeal under this paragraph the Minister shall, if either the appellant or the local planning authority so desire, afford to each of them an opportunity of appearing before and being heard by a person appointed by the Minister for the purpose.

(5)On an appeal under this paragraph the Minister may correct any informality, defect or error in the notice if he is satisfied that the informality, defect or error is not a material one.

(6)On the determination of an appeal under this paragraph the Minister shall give directions for giving effect to his determination, including where appropriate directions for quashing the notice or for varying the terms of the notice in favour of the appellant.

(7)Subsection (5) of section two hundred and ninety of the Local Government Act, 1933, shall apply in relation to any proceedings before the Minister on an appeal under this paragraph as if those proceedings were an inquiry held by the Minister under the said section two hundred and ninety.

(8)The validity of a notice which has been served under subsection (8) of the said section thirty on the owner and occupier of the building shall not be questioned in any proceedings whatsoever on the grounds specified in paragraph (a) of sub-paragraph (1) of this paragraph except by way of an appeal under this paragraph.

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