38FAppeals to Land and Environment Court against closure decision

38F Appeals to Land and Environment Court against closure decision

38F Appeals to Land and Environment Court against closure decision

(1) A person referred to in section 38B (1) (b) may appeal to the Land and Environment Court against the closure of a council public road by a council.

(2) On any such appeal, the Land and Environment Court may—

(a) affirm the closure, or

(b) set aside the closure.

(3) Section 38E is taken never to have applied to a closure that is set aside.

(4) To avoid doubt, an appeal under section 38C does not prevent an appeal under this section.

pt 4, div 3 (ss 38A–38F): Ins 2017 No 17, Sch 3.2 [7].