5.—(1) Any person aggrieved by
(a)the refusal of the Department to give its consent under paragraph (3)(a) of Article 8 of the 1994 Order; or
(b)any condition subject to which any such consent is given
may appeal to the Planning Appeals Commission (“the Commission”) within 28 days beginning with the date of the decision.
(2) A person who wishes to appeal to the Commission under paragraph (1) shall give to the Commission written notice of the appeal, together with a statement of the grounds of the appeal.
(3) The Commission shall determine the appeal and paragraphs (1), (3), (4) and (5) of Article 111 of the Planning (Northern Ireland) Order 1991(1) shall apply in relation to the determination of the appeal as they apply in relation to an appeal under that Order.
(4) If either party to the appeal so requests, the Commission shall afford to each of them an opportunity of appearing before and being heard by the Commission.
(5) Notice of appeal shall be accompanied by a fee as specified in regulation 17(1) of the Planning (Fees) Regulations (Northern Ireland) 1995(2) as if it were an appeal to the Commission under the Planning (Northern Ireland) Order 1991.