ABSTRACT
The ‘person aggrieved’ (see Turner v Secretary of State and Another (1974) 28 P & CR 123) has a right of appeal to the magistrates’ court against conditions within 28 days of the issue of the licence (s 7(1)). If the court is of the opinion that the condition is ‘unduly burdensome’, it may vary or cancel the condition, but it must first have regard to the Model Standards. This provision also applies to any alteration of an existing licence (detailed above) (s 8(4)). When a site licence is amended, the holder must surrender the original licence to the local authority (s 11(1)), and failure to do so without reasonable excuse can result in a fine (s 11(2)).
