Part VIII

Special Controls
CHAPTER 4

Remedying defacement of premises

Right to appeal against notice under section 225F
225I
1
A person on whom notice has been served under section 225F(2) may appeal to a magistrates' court on any of the following grounds—
a
that the sign concerned is neither detrimental to the amenity of the area nor offensive;
b
that there has been some informality, defect or error in, or in connection with, the notice;
c
that the time within which the sign concerned is to be removed or obliterated is not reasonably sufficient for the purpose;
d
that the notice should have been served on another person.
2
The occupier or owner of premises which include a surface to which a notice has been fixed under section 225F(3) may appeal to a magistrates' court on any of the following grounds—
a
that the sign concerned is neither detrimental to the amenity of the area nor offensive;
b
that there has been some informality, defect or error in, or in connection with, the notice;
c
that the time within which the sign concerned is to be removed or obliterated is not reasonably sufficient for the purpose.
3
So far as an appeal under this section is based on the ground mentioned in subsection (1)(b) or (2)(b), the court must dismiss the appeal if it is satisfied that the informality, defect or error was not a material one.
4
If an appeal under subsection (1) is based on the ground mentioned in subsection (1)(d), the appellant must serve a copy of the notice of appeal on each person who the appellant considers is a person on whom the notice under section 225F(2) should have been served.
5
If—
a
notice under section 225F(2) is served on a person, and
b
the local planning authority bring proceedings against the person for the recovery under section 225F(6)(b) of any expenses,
it is not open to the person to raise in the proceedings any question which the person could have raised in an appeal under subsection (1).
Pt. VIII (ss. 197-225) except s. 223 applied (with modifications) (17.7.1992) by S.I. 1992/1492, reg. 2(1)(b)
Pt. VIII (ss. 197-225) applied (with modifications) (17.7.1992) by S.I. 1992/1492, reg. 2(2)
Pt. VIII (ss. 197-225) modified (1.4.1996) by 1994 c. 19, s. 20(3), Sch. 5 Pt. III paras. 15(1), 20 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/3198, art. 4, Sch. 2
Pt. 8 Chs. 4, 5 inserted (6.4.2012) by Localism Act 2011 (c. 20), ss. 127(2), 240(2) (with s. 144); S.I. 2012/628, art. 8(b) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)