Commentary on Sections
Part 4.Special Procedures
Section 81 - Appeals
165.This section provides a person with a right to appeal to the magistrates’ court against a local authority’s decision under section 77, 78 or 79. An appeal against the local authority’s decision to refuse an application for a completion certificate (section 80(5)) may also be made. The magistrates’ court may take any of the actions specified in subsection (5); these include upholding the notice or refusal, quashing or varying the notice, or referring the case to the local authority to dispose of in accordance with directions given by the court.
166.If the local authority’s decision is varied or quashed, the magistrates’ court may order the local authority to compensate the person for loss suffered as a result of the notice. For example, the person could be compensated for a loss of income due to the local authority’s decision to prevent them from working.
167.An appeal to the Crown Court may be made by either the person or the local authority against a decision of a magistrate’s court.
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