PART IVN.I.CERTIFICATION OF ALTERNATIVE DEVELOPMENT VALUE

Appeal against certificate under Article 15N.I.

16.—(1) Where the [F1council ] has issued a certificate under Article 15 in respect of an interest in land—

(a)the person for the time being entitled to that interest; or

(b)the authority possessing compulsory acquisition powers by whom that interest is proposed to be acquired;

may appeal to the planning appeals commission against that certificate.

(2) On any appeal under this Article against a certificate, the planning appeals commission shall consider the matters to which the certificate relates as if the application for the certificate had been made to it in the first instance, and shall either confirm the certificate or vary it or cancel it and issue a different certificate in its place, as the commission may consider appropriate.

(3) Before determining any appeal under this Article the commission shall, if any such person or authority as is mentioned in paragraph (1) (a) or (b) so desires, afford to each such person or authority and to the [F1council ] an opportunity of appearing before and being heard by the commission.

F1Words in art. 16 substituted (13.2.2015 for specified purposes, 1.4.2015 in so far as not already in operation) by Planning Act (Northern Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 6 para. 44 (with s. 211); S.R. 2015/49, arts. 2, 3, Sch. 1 (with Sch. 2 (as amended (16.3.2016) by S.R. 2016/159, art. 2))