Article 6 Appeal against refusal to relax regulations made under Article 5

Where application is made to the Department to dispense with or relax any requirement of regulations made under Article 5(1) which it is empowered by those regulations to dispense with or relax and it appears to the Department that the application should be refused, the Department shall, within a period of 28 days from the day on which such application is made, issue notice to that effect to the applicant giving such reasons as it considers appropriate.

Before determining an application under this Article, the Department shall, if it sees fit, or if the applicant so requests within a period of 28 days from the day on which he receives such notice, afford to the applicant an opportunity of appearing before and being heard by a person appointed for that purpose by the Planning Appeals Commission and considered by it to be qualified in that behalf.

Where a hearing is held under paragraph (2), the Department shall consider any recommendations made by the person appointed under that paragraph.