OpenLegislation

Section 99 Procedure for section 98 orders: opposed casesC1C2I1I2C3C4

(1)

Except as provided in section 100, an order made by a council under section 98 shall not take effect unless it is confirmed by the Department.

(2)

Where a council submits such an order to the Department for confirmation it must serve notice on—

(a)

the owner of the building affected;

(b)

the occupier of that building; and

(c)

any other person who in the opinion of the council will be affected by the order.

(3)

The notice must specify the period (which must not be less than 28 days after its service) within which any person on whom it is served may require an opportunity of appearing before and being heard by the planning appeals commission.

(4)

If within that period a person on whom the notice is served so requires, the Department must give such an opportunity both to that person and to the council before it confirms the order.

(5)

The Department may confirm an order submitted to it under this section either without modification or subject to such modifications as it considers expedient.

Annotations

Modifications

C1

Pt. 4 chapter 1 (except ss. 92-93 102) applied with modification(s) (1.4.2015) by The Planning (Conservation Areas) (Demolition) Regulations (Northern Ireland) 2015 (S.R. 2015/107), regs. 1, 11

C2

Pt. 4 (except chpts. 1, 2) 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)

C3

Ss. 92-101 applied with modification(s) (1.4.2015) by The Planning (Conservation Areas) (Demolition) Regulations (Northern Ireland) 2015 (S.R. 2015/107), regs. 1, 15, Sch. 2

C4

Ss. 86-103: 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))

Commencement

I1

S. 99 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1

I2

S. 99 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)