Article74(2)

SCHEDULE 10 U.K. Appeals to Planning Appeals Commission (Northern Ireland)

1.—(1) A person who wishes to appeal to the Planning Appeals Commission under article 70 against a decision of the regulator [F1 or the registry administrator (in either case, the “respondent”)] must give to the Planning Appeals Commission— U.K.

(a) written notice of the appeal; and

(b) a statement of the grounds of appeal.

(2) The notice of appeal must be accompanied by any fee for the appeal prescribed in regulations made under section 223(7)(b) of the Planning Act (Northern Ireland) 2011; and for that purpose section 223(7)(b) has effect as if the reference to an appeal under that Act included a reference to an appeal under this Order.

(3) The Planning Appeals Commission must as soon as reasonably practicable send a copy of the notice of appeal and the statement of grounds to the [F2 respondent].

Textual Amendments

F1 Words in Sch. 10 para. 1(1) inserted (31.12.2020) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2020 (S.I. 2020/1557), arts. 2(1), 42(2)(a)

F2 Word in Sch. 10 para. 1(3) substituted (31.12.2020) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2020 (S.I. 2020/1557), arts. 2(1), 42(2)(b)

Commencement Information

I1 Sch. 10 para. 1 in force at 12.11.2020, see art. 2(1)

2.  A notice of appeal under paragraph 1 must be given before the expiry of the period of 47 days beginning with the date on which the decision of the [F3 respondent] takes effect. U.K.

Textual Amendments

F3 Word in Sch. 10 para. 2 substituted (31.12.2020) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2020 (S.I. 2020/1557), arts. 2(1), 42(3)

Commencement Information

I2 Sch. 10 para. 2 in force at 12.11.2020, see art. 2(1)

3.—(1) An appellant may withdraw an appeal by giving notice to the Planning Appeals Commission. U.K.

(2) If an appellant withdraws an appeal, the Planning Appeals Commission must give notice to the [F4 respondent] of the withdrawal as soon as reasonably practicable.

Textual Amendments

F4 Word in Sch. 10 para. 3(2) substituted (31.12.2020) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2020 (S.I. 2020/1557), arts. 2(1), 42(4)

Commencement Information

I3 Sch. 10 para. 3 in force at 12.11.2020, see art. 2(1)

4.—(1) The Planning Appeals Commission must determine the appeal; and section 204(1), (3) and (4) of the Planning Act (Northern Ireland) 2011 apply in relation to the determination of the appeal as they apply in relation to the determination of an appeal in accordance with that Act. U.K.

(2) The Planning Appeals Commission must—

(a) determine the process for determining the appeal; and

(b) when doing so, take into account any requests by either party to the appeal.

Commencement Information

I4 Sch. 10 para. 4 in force at 12.11.2020, see art. 2(1)