Section 59 Matters which may be raised in an appeal under section 58C3I1I2C1C2
Northern Ireland
In an appeal under section 58, a party to the proceedings is not to raise any matter which was not before the council or, as the case may be, the Department at the time the decision appealed against was made unless that party can demonstrate to the satisfaction of the planning appeals commission—
that the matter could not have been raised before that time, or
that its not being raised before that time was a consequence of exceptional circumstances.
Nothing in subsection (1) affects any requirement or entitlement to have regard to—
the provisions of the local development plan, or
any other material consideration.
Annotations
Modifications
- C1
S. 59 applied with modification(s) (1.4.2015) by The Planning (Trees) Regulations (Northern Ireland) 2015 (S.R. 2015/84), regs. 1(1), 2, Sch. (with reg. 11(5)(7))
- C2
S. 59 applied with modification(s) (1.4.2015) by The Planning (Control of Advertisements) Regulations (Northern Ireland) 2015 (S.R. 2015/66), regs. 1, 15, Sch. 4 Pts. 1, 2
- C3
Pt. 3 applied with modification(s) (1.4.2015) by The Planning General Regulations (Northern Ireland) 2015 (S.R. 2015/39), regs. 1(1), 2 (with regs. 3-10)
Commencement
- I1
S. 59 in operation at 1.2.2015 for specified purposes by S.R. 2015/25, art. 2
- I2
S. 59 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/25, art. 3
Notes on Part 3
Modifications
- C2
Pts. 1-3: transfer of functions (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 5 Pt. 2 (with art. 9(2))