xmlns:atom="http://www.w3.org/2005/Atom"

Right of appeal

6.—(1) The applicant may appeal to the tribunal against a local authority’s decision not to issue, or consent to the transfer of, a site licence in respect of a relevant protected site within 28 days of receipt of notification of the decision by the local authority.

(2) The appeal shall be a re-hearing of the local authority’s decision and shall be determined having regard to—

(a)any undertaking given to the tribunal in relation to one or more of the matters set out in regulation 3(4); and

(b)any other matters that the tribunal thinks are relevant (which may include matters of which the local authority was unaware).

(3) On determining an appeal, the tribunal may—

(a)confirm the local authority’s decision; or

(b)reverse the local authority’s decision, by ordering that the local authority issues a site licence, or consents to the transfer of a site licence, as applicable.