128Appeals against decisions concerning cancellations

#### 128 Appeals against decisions concerning cancellations 128 Appeals against decisions concerning cancellations > > (1) Any person who is aggrieved by the decision of the decision-maker to cancel an authority held by the person, or of the decision of the decision-maker as to the amount of compensation payable as a consequence of its cancellation, may appeal to the Land and Environment Court against the decision. > > > (1A) Such an appeal is to be made— > > > > > (a) within 14 days after written notice of the cancellation or of the decision with respect to compensation, is served on the holder of the authority, or > > > > > (b) within such further period as the Land and Environment Court may allow. > > > (1B) In deciding whether or not to allow a further period for appeal, the Land and Environment Court is to have regard to— > > > > > (a) the circumstances that have prevented the appellant from making the appeal within the 14 days referred to in subsection (1A) (a), and > > > > > (b) the consequences to the appellant, and to persons other than the appellant, of a decision allowing a further period for appeal, and > > > > > (c) the consequences to the appellant, and to persons other than the appellant, of a decision refusing a further period for appeal, and > > > > > (d) the public interest. > > > (2) An appeal is to be heard by way of a new hearing, and fresh evidence, or evidence additional to the evidence available to the decision-maker when the decision was made, may be admitted in the hearing. > > > (3) Subject to any order made by the Land and Environment Court, the lodging of an appeal does not operate to stay the decision appealed against. > > > (4) The decision of the Land and Environment Court on an appeal is final and is to be given effect to as if it were the decision of the decision-maker. > > > (5) This section does not apply to a cancellation that was requested by the holder of the authority. > > **s 128:** Am 1992 No 111, Sch 1; 2000 No 90, Sch 2.1 \[14\]–\[16\]; 2008 No 19, Sch 1 \[13\] \[92\] \[93\]; 2008 No 107, Sch 19 \[11\]; 2015 No 40, Sch 1 \[52\].