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Planning Act (Northern Ireland) 2011
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Changes over time for: Paragraph 13
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- Prospective- Amendment
- 01/12/2011
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13—(1) The Department may give directions requiring applications under paragraph 9 to any council to be referred to it for determination instead of being dealt with by the council.N.I.
(2) A direction under sub-paragraph (1)—
(a)may be given either to a particular council or to councils generally; and
(b)may relate either to a particular application or to applications of a class specified in the direction.
(3) Where an application is referred to the Department in accordance with such a direction, the following provisions of this Schedule—
(a)paragraph 9(5) and (6),
(b)paragraph 10, and
(c)paragraph 14 so far as relating to applications under paragraph 9,
shall apply, with any necessary modifications, as they apply to applications which fall to be determined by the council.
(4) For the purpose of considering representations made in respect of an application referred to it under this paragraph, the Department may cause a public local inquiry to be held by—
(a)the planning appeals commission; or
(b)a person appointed by the Department for the purpose.
(5) Where a public local inquiry is not held under sub-paragraph (4), the Department must, before determining the application, serve a notice on the applicant and the appropriate council indicating the decision which it proposes to make on the application; and if within such period as may be specified in that behalf in the notice (not being less than 28 days from the date of service of the notice), the applicant or the council so requests in writing, the Department must afford to each of them an opportunity of appearing before and being heard by—
(a)the planning appeals commission; or
(b)a person appointed by the Department for the purpose.
(6) In determining an application referred to it under this paragraph, the Department must, where any inquiry or hearing is held, take into account any report of the planning appeals commission or a person appointed by the Department for the purposes of the inquiry or hearing, as the case may be.
(7) The decision of the Department on an application referred to it under this paragraph shall be final.
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