Reviews

9.—(1) An applicant who is aggrieved in relation to a decision to refuse an approval or to attach to an approval conditions other than those specified in Schedule 2 may request a review of that decision.

(2) A holder of an approval who is aggrieved in relation to a decision—

(a)to refuse to renew that approval; or

(b)to attach to the renewal of that approval conditions other than those specified in Schedule 2; or

(c)to revoke that approval otherwise than under regulation 8(9) or 8(10),

may request a review of that decision.

(3) A person requesting a review under paragraph (1) or (2) shall deliver his request to the proper officer of the authority, accompanied if the authority so requires, except in the case of a request to review a decision to revoke an approval, by a fee, or an amount on account of that fee, determined in accordance with regulation 12.

(4) The proper officer shall forthwith arrange for review of the decision by the authority and neither an officer nor any member of a committee or sub-committee of the authority which made the decision on behalf of the authority shall take part in the decision on the review.

(5) On a review of a decision the authority may, acting in accordance with regulation 5(1) and (2)

(a)confirm the original decision;

(b)vary an original decision to grant or renew approval, in particular by removing conditions attached under regulation 6(1)(b) or by attaching new or different conditions; or

(c)substitute a different decision, which may, where the original decision was to revoke an approval, be a decision that the approval should not be revoked but should be subject to new or different conditions than those which were previously attached to it.

(6) The authority shall give notice in writing to the applicant or holder of its decision on review, stating its reasons for that decision and (except where the original decision is confirmed) the date from which it takes effect.