Paragraph 2

Northern Ireland

(1)

This paragraph applies where, in accordance with paragraph (3)(c) of Article 15, the Department refers an appeal or any matter involved in an appeal under that Article to the Commission.

(2)

The Commission shall consider the appeal or matter and report to the Department thereon.

(3)

For the purpose of considering an appeal or matter under sub-paragraph (2), the Commission shall hold a hearing—

(a)

if the Department, in referring the appeal or matter to the Commission, so requests;

(b)

if either party to the appeal so requests; or

(c)

if the Commission otherwise thinks fit;

and in any other case the Commission shall consider the appeal or matter solely by reference to written representations.

(4)

Where the Commission holds such a hearing, it shall afford to each party to the appeal an opportunity of appearing before and being heard by the Commission.

(5)

F1Subsections (2), (3) and (5) of section 204 of the Planning Act (Northern Ireland) 2011 shall apply in relation to the consideration of an appeal or matter under sub-paragraph (2) as they apply in relation to an inquiry or hearing under F2that Act .

Annotations

Textual amendments

F1: Words in Sch. 2 para. 2(5) 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(b)(i) (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))
F2: Words in Sch. 2 para. 2(5) 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(b)(ii) (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