SCHEDULES

SCHEDULE 4 Control of Off-Street Parking

Part III Rights of Appeal

14

(1)

If a person who is, or who proposes to become, the operator of a public off-street parking place in a controlled area or any other person entitled to an interest in the premises used or proposed to be used for the purposes of that parking place is aggrieved by a decision of the local authority—

(a)

to refuse an application for the grant of a licence in respect of those premises; or

(b)

as to the terms and conditions to be specified under section 43(4) (b) and (c) of this Act in a licence granted in respect of those premises; or

(c)

to refuse an application for a variation of the terms and conditions so specified in a permanent licence granted in respect of those premises; or

(d)

to revoke a licence granted in respect of those premises; or

(e)

to vary under Part II of this Schedule any of the terms and conditions specified under the said section 43(4)(b) and (c) in a permanent licence granted in respect of those premises,

he may by notice served within such time (not being less than twenty-eight days from the date of notification of the decision to which it relates) and in such manner as the Secretary of State may by regulations under paragraph 17 below direct, appeal to the Secretary of State from that decision.

(2)

If in a case where—

(a)

a person makes an application to the local authority for a licence in respect of premises in respect of which a licence is not for the time being in force; or

(b)

the person who is the holder of a permanent licence in respect of any premises duly makes an application to the local authority for a specified variation of the terms and conditions of the licence specified under the said section 43(4)(b) and (c),

the local authority have not notified that person of their decision on his application by the expiration of the period of two months beginning with the date when they received the application or such longer period beginning with that date as may have been agreed for the purpose between that person and the local authority, the local authority shall be deemed for the purposes of this Schedule to have notified that person at the date of the expiration of that period that they have decided to refuse the application.