Article 12B Appeal against a notice of non-compliance with directionF1

(1)

If a council gives notice to an applicant under Article 12A(2) the applicant may by notice in writing stating the applicable grounds of appeal, appeal to the planning appeals commission.

(2)

Any notice under this Article shall be served on the planning appeals commission and the council within 14 days from the date of the council’s notice under Article 12A(2).

(3)

The appeal may be brought on any of the following grounds—

(a)

the application was accompanied by such particulars, or was verified by such evidence, as specified in the direction;

(b)

the identified particular, or such evidence verifying the particular, which the council asserts did not accompany the application has not been specified in the direction;

(c)

the council’s request specifying the particulars or evidence under the notice issued under Article 12A(2) is unreasonable; or

(d)

that the application is not one to which the direction applies.

(4)

The planning appeals commission may—

(a)

allow the appeal;

(b)

dismiss the appeal; or

(c)

vary the notice issued under Article 12A(2) to give effect to its determination on the appeal.

(5)

The planning appeals commission decision on the appeal is final.

Annotations

Textual amendments

F1: Arts. 12A, 12B inserted (1.4.2025) by The Planning (General Development Procedure) (Amendment) Order (Northern Ireland) 2024 (S.R. 2024/176), arts. 1, 2(6)