The Noise Insulation (Railways and Other Guided Transport Systems) Regulations 1996

Reconsideration of buildings

14.—(1) Where no offer under regulation 10(2) has been made in relation to an eligible building, any person specified in paragraph (2) who claims that a duty under regulation 4 has arisen with respect to the building may apply in writing to the responsible authority, setting out the facts on which he relies, and may request the authority to make him an offer in accordance with the provisions of regulation 10.

(2) An application under paragraph (1) may be made by—

(a) the person who is the occupier of, or if the building is unoccupied, is entitled to occupy, the building; or

(b) the immediate landlord or licensor of that person, if any.

(3) An application under paragraph (1) must be made either—

(a) within 6 months beginning with the date of depositing for public inspection of the map or list (whichever is the earlier), prepared under regulation 9(3); or

(b) within 12 months of the relevant date;

(4) Upon receipt of an application under this regulation the responsible authority shall review such calculations as have been made in relation to the building in accordance with regulation 9, or shall make such calculations, and if they find that a duty under regulation 4 has arisen with respect to the building they shall comply with the request but otherwise they shall refuse it.

(5) If they refuse the request, the responsible authority shall furnish to the claimant a written statement of the reasons for their refusal.

(6) On the commencement of each period within which applications under paragraph (1) may be made the responsible authority shall publish once in a local newspaper circulating in the area in which the works or proposed works are, or are proposed to be, located a notice setting out particulars of the right to make an application under the paragraph, including particulars of the time within which, and the authority to whom, such an application must be made.