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PART ICaravan Sites

Special provisions as to existing sites

20Conditions to secure termination of use of existing site

(1)On the grant of permission under Part III of the Act of 1947 for the use of an existing site as a caravan site subject to a condition such that the permission will expire at the end of a specified period the local planning authority or, as the case may be, the Minister, if of opinion that the permission ought not to be granted but for the need to afford time for persons resident on the existing site to secure other accommodation, may issue with the permission a direction that conditions may be attached to any site licence for the existing site for the purpose of securing that its use as a caravan site will be terminated in due course.

(2)Section sixteen of the Act of 1947 (which provides for appeals to the Minister against conditions attached to planning permission) shall apply in relation to the decision of a local planning authority to grant permission under Part III of the Act of 1947 with a direction under the foregoing subsection as if references in that section to conditions included references to such a direction.

(3)Where a direction has been issued as respects an existing site under subsection (1) of this section (not being a direction which has been discharged on an appeal under the said section sixteen) conditions imposed for the purpose of securing that the number of caravans on the existing site are progressively reduced may, subject to the limitation specified in subsection (2) of the last foregoing section as respects the availability of suitable alternative accommodation, be attached to a site licence for the existing site for the purpose of securing that the use of the existing site as a caravan site is terminated in due course.

(4)For the purposes of deciding any appeal under section seven, or under subsection (2) of section eight, of this Act a condition attached to a site licence for an existing site in pursuance of this section shall not be regarded as unduly burdensome solely on the ground that it will have the effect of terminating in due course its use as a caravan site, but this subsection shall not apply in relation to an appeal under the said subsection (2) against the refusal of a local authority of an application by the holder of a site licence for the alteration of conditions attached in pursuance of this section where the direction by reference to which those conditions were attached has been discharged on an appeal under section sixteen of the Act of 1947.