PART VIENFORCEMENT
Trees
F1Appeals against Article 82 notices82A
1
A person on whom a notice under Article 82(1) is served may appeal to the planning appeals commission against the notice on any of the following grounds—
a
that the provisions of Article 65B or, as the case may be, the conditions mentioned in Article 82(1)(b) are not applicable or have been complied with;
b
that in all the circumstances of the case the duty imposed by Article 65B(1) should be dispensed with in relation to any tree;
c
that the requirements of the notice are unreasonable in respect of the period or the size or species of trees specified in it;
d
that the planting of a tree or trees in accordance with the notice is not required in the interests of amenity or would be contrary to the practice of good forestry;
e
that the place on which the tree is or trees are required to be planted is unsuitable for that purpose.
2
An appeal under paragraph (1) shall be made by serving written notice of the appeal on the planning appeals commission before the end of the period specified in accordance with Article 82(3) and such notice shall indicate the grounds of the appeal and state the facts on which it is based.
3
On any such appeal the planning appeals commission shall, if either the appellant or the Department so desires, afford to each of them an opportunity of appearing before and being heard by the commission.
4
Where an appeal is brought under this Article, the notice under Article 82(1) shall be of no effect pending the final determination or the withdrawal of the appeal.
5
On an appeal under this Article the planning appeals commission may—
a
correct any defect, error or misdescription in the notice; or
b
vary any of its requirements,
if it is satisfied that the correction or variation will not cause injustice to the appellant or the Department.
6
Where the planning appeals commission determines to allow the appeal, it may quash the notice.
7
The planning appeals commission shall give any directions necessary to give effect to its determination on the appeal.
8
Where any person has appealed to the planning appeals commission under this Article against a notice, neither that person nor any other shall be entitled, in any other proceedings instituted after the making of the appeal, to claim that the notice was not duly served on the person who appealed.