83E.—(1) Where an application is made to the Department for a certificate under Article 83A or 83B and—
(a)the application is refused or is refused in part; or
(b)the Department does not give notice to the applicant of its decision on the application within such period as may be specified by a development order or within such extended period as may at any time be agreed upon in writing between the applicant and the Department,
the applicant may by notice appeal to the planning appeals commission.
(2) On any such appeal, if and so far as the planning appeals commission is satisfied—
(a)in the case of an appeal under paragraph (1)(a), that the Department's refusal is not well-founded; or
(b)in the case of an appeal under paragraph (1)(b), that if the Department had refused the application its refusal would not have been well-founded,
the planning appeals commission shall grant the appellant a certificate under Article 83A or, as the case may be, 83B accordingly or, in the case of a refusal in part, modify the certificate granted by the Department on the application.
(3) If and so far as the planning appeals commission is satisfied that the Department's refusal is or, as the case may be, would have been well-founded, the commission shall dismiss the appeal.
(4) References in this Article to a refusal of an application in part include a modification or substitution of the description in the application of the use, operations or other matter in question.]