BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?

No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!



BAILII [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

Northern Ireland Orders in Council
You are here: BAILII >> Databases >> Northern Ireland Orders in Council >> The Industrial Pollution Control (Northern Ireland) Order 1997 (N.I. 18)
URL: http://www.bailii.org/nie/legis/num_orders/1997/19972777(d).html

[New search] [Help]

Back to previous page



 

SCHEDULE 2
Articles 15(4)


APPEALS AND MATTERS REFERRED TO THE PLANNING APPEALS COMMISSION and 22(7).




PART I

APPEALS AND MATTERS REFERRED UNDER ARTICLE 15

Reference of appeals in accordance with Article 15(3)(b)

     1.  - (1) This paragraph applies where, in accordance with paragraph (3)(b) of Article 15, the Department refers an appeal under that Article for determination to the Planning Appeals Commission ("the Commission").

    (2) The Commission shall determine the appeal and paragraphs (1), (3) and (5) of Article 111 of the Planning (Northern Ireland) Order 1991 shall apply in relation to the determination of the appeal as they apply in relation to the determination of an appeal under that Order.

    (3) If either party to the appeal so requests, the Commission shall afford to each of them an opportunity of appearing before and being heard by the Commission.

    (4) Paragraphs (6) and (7) of Article 15 shall have effect in relation to the appeal as if for references to the Department there were substituted references to the Commission.

Reference of appeals or matters involved in appeals in accordance with Article 15(3)(c)

     2.  - (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) Paragraphs (2), (3) and (5) of Article 111 of the Planning (Northern Ireland) Order 1991 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 that Order.

 
© Crown copyright 1997
Prepared 14 January 1998

Continue

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/nie/legis/num_orders/1997/19972777(d).html