Paragraph 1

Northern Ireland

(1)

This paragraph applies where, in accordance with paragraph (3)(b) of Article 15, the Department refers an appeal under that Article for determination to the Planning Appeals Commission ( “the Commission”).

(2)

The Commission shall determine the appeal and F1subsections (1), (3) and (5) of section 204 of the Planning Act (Northern Ireland) 2011 shall apply in relation to the determination of the appeal as they apply in relation to the determination of an appeal under that Order.

(3)

If either party to the appeal so requests, the Commission shall afford to each of them an opportunity of appearing before and being heard by the Commission.

(4)

Paragraphs (6) and (7) of Article 15 shall have effect in relation to the appeal as if for references to the Department there were substituted references to the Commission.

Annotations

Textual amendments

F1: Words in Sch. 2 para. 1(2) substituted (13.2.2015 for specified purposes, 1.4.2015 in so far as not already in operation) by Planning Act (Northern-Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 6 para. 85(a) (with s. 211); S.R. 2015/49, arts. 2, 3, Sch. 1 (with Sch. 2 (as amended (16.3.2016) by S.R. 2016/159, art. 2))

Notes on the whole Order

Textual amendments

F1: prosp. rep. by 2002 NI 7