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PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 23

23.(1) This Article has effect in relation to an application for planning
permission other than an application in relation to which the Ministry serves
a notice under Article 22(1).

(2) Where an application is made to the Ministry

(a)for planning permission to develop land; or

(b)for any approval of the Ministry required under a development order;

(3) Any notice under this Article

(a)shall be served on the planning appeals commission within six months from
the date of notification of the decision to which it relates or such longer
period as the commission may allow;

[(b)shall be accompanied by the prescribed fee [(if any)].]

(4) Where an appeal is brought under this Article from a decision of the
Ministry, the planning appeals commission, subject to paragraphs (5) and (6),
may allow or dismiss the appeal or may reverse or vary any part of the
decision whether the appeal relates to that part thereof or not [and may deal
with the application as if it had been made to it in the first instance].

(5) Before determining an appeal under this Article, the planning appeals
commission shall if either the applicant or the Ministry so desires, afford to
each of them an opportunity of appearing before and being heard by the
commission.

(6) Subject to paragraph (5), Articles 15 to 18 shall apply, with any
necessary modifications, in relation to an appeal to the planning appeals
commission under this Article as they apply to an application for planning
permission.

© 1972 Crown Copyright

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