The Planning (Northern Ireland) Order 1991

Changes over time for: Section 111

Version Superseded: 17/07/2014

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The Planning (Northern Ireland) Order 1991, Section 111 is up to date with all changes known to be in force on or before 09 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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Procedure of appeals commissionN.I.

111.—(1 )F1 Where, under this Order or any other transferred provision, the appeals commission may determine an appeal—

(a)the appeal shall be heard by such member [F2or members] of the appeals commission as the chief commissioner may appoint in that behalf;

(b)except where an appeal is to be decided solely by reference to written representations, the chief commissioner may, after consultation with the appeals commission and the Department, appoint an assessor to sit with the member [F3or members] appointed under sub-paragraph (a) at the appeal to advise [F4the member or members] on any matters arising;

(c)notwithstanding sub-paragraphs (a) and (b), any decision on the appeal shall be made by the appeals commission.

(2 )F1 Where, under this Order or any other transferred provision, the appeals commission may hold an inquiry [F5, independent examination] or hearing—

(a)the inquiry [F5, independent examination] or hearing shall be held by such member [F6or members] of the appeals commission as the chief commissioner may appoint in that behalf;

(b)the chief commissioner may, after consultation with the appeals commission and the Department, appoint an assessor to sit with the member [F7or members] appointed under sub-paragraph (a) at the inquiry [F5, independent examination] or hearing to advise [F8the member or members] on any matters arising;

(c)notwithstanding sub-paragraphs (a) and (b), any report on the inquiry [F5, independent examination] or hearing shall be made by the appeals commission.

(3 )F1 The appeals commission may pay to any assessor appointed under paragraph (1)(b) or (2)(b) such fees and allowances as the commission, with the approval of the Department, may approve.

(4) Where, under this Order or any other transferred provision, the appeals commission may determine an appeal in relation to a decision of the Department, the commission may confirm, reverse or vary the decision and any determination of the commission on the appeal shall have the like effect as a decision of the Department for the purpose of this Order or any such provision, except a provision relating to appeals.

(5 )F1 The Department, after consultation with the appeals commission, may make rules for regulating the procedure for proceedings before the appeals commission and, subject to this Order and any such rules, that procedure shall be such as the appeals commission may determine.

[F9(5A) Rules under paragraph (5) which provide for the taking of any decision may, in particular, provide for that decision to be taken—

(a)by a panel of not fewer than 4 commissioners; or

(b)by a single commissioner.]

(5B) Rules under paragraph (5) which provide for the making of any report may, in particular, provide for that report to be made—

(a)by a panel of commissioners;

(b)by a single commissioner.

(6) Where, under this Order or any other transferred provision, a person has been afforded an opportunity of appearing before and being heard by the appeals commission or the appeals commission holds [F10an inquiry or independent examination] , the appeals commission shall make a report on the hearing [F11, inquiry or independent examination] to the Department and the Department shall consider that report.

F1functions transf. by SR 2001/229

F2Words in art. 111(1)(a) inserted (18.5.2006) by Planning Reform (Northern Ireland) Order 2006 (S.I. 2006/1252 (N.I. 7)), arts. 1(3)(b), 15(2)(a); S.R. 2006/222, art. 2

F3Words in art. 111(1)(b) inserted (18.5.2006) by Planning Reform (Northern Ireland) Order 2006 (S.I. 2006/1252 (N.I. 7)), arts. 1(3)(b), 15(2)(b)(i); S.R. 2006/222, art. 2

F4Words in art. 111(1)(b) substituted (18.5.2006) by Planning Reform (Northern Ireland) Order 2006 (S.I. 2006/1252 (N.I. 7)), arts. 1(3)(b), 15(2)(b)(ii); S.R. 2006/222, art. 2

F5Words in art. 111(2) inserted (17.10.2006) by Planning Reform (Northern Ireland) Order 2006 (S.I. 2006/1252 (N.I. 7)), arts. 1(3)(a), 5(3)(a); S.R. 2006/381, art. 2

F6Words in art. 111(2)(a) inserted (18.5.2006) by Planning Reform (Northern Ireland) Order 2006 (S.I. 2006/1252 (N.I. 7)), arts. 1(3)(b), 15(3)(a); S.R. 2006/222, art. 2

F7Words in art. 111(2)(b) inserted (18.5.2006) by Planning Reform (Northern Ireland) Order 2006 (S.I. 2006/1252 (N.I. 7)), arts. 1(3)(b), 15(3)(b)(i); S.R. 2006/222, art. 2

F8Words in art. 111(2)(b) substituted (18.5.2006) by Planning Reform (Northern Ireland) Order 2006 (S.I. 2006/1252 (N.I. 7)), arts. 1(3)(b), 15(3)(b)(ii); S.R. 2006/222, art. 2

F9Art. 111(5A) substituted (18.5.2006) by Planning Reform (Northern Ireland) Order 2006 (S.I. 2006/1252 (N.I. 7)), arts. 1(3)(b), 15(4); S.R. 2006/222, art. 2

F10Words in art. 111(6) substituted (17.10.2006) by Planning Reform (Northern Ireland) Order 2006 (S.I. 2006/1252 (N.I. 7)), arts. 1(3)(a), 5(3)(b)(i); S.R. 2006/381, art. 2

F11Words in art. 111(6) substituted (17.10.2006) by Planning Reform (Northern Ireland) Order 2006 (S.I. 2006/1252 (N.I. 7)), arts. 1(3)(a), 5(3)(b)(ii); S.R. 2006/381, art. 2

Modifications etc. (not altering text)