Building Regulations (Northern Ireland) Order 1979

Appeals against the decision of district councils in applications for relaxation of building regulations N.I.

16.—(1) If a district council—

(a) refuses an application to dispense with or relax any provision of building regulations which it has power to dispense with or relax, or

(b) grants such an application subject to conditions,

the applicant may, within such period from the date on which the district council notifies him of its decision as may be prescribed[F1 , by notice in writing] appeal to the Department against the refusal or, as the case may be, against any of those conditions.

(2) [F1 If within the prescribed period from the date of the application or within such extended period as may before the expiration of the prescribed period] be agreed in writing between an applicant under paragraph (1) and the district council, the district council does not notify the applicant of its decision on the application, paragraph (1) shall apply in relation to the application as if the district council had refused the application and notified the applicant of its decision on the last day of that period.

(3) On any appeal under this Article the Department—

(a) may confirm the decision of the district council, or

(b) may substitute for that decision such other decision as seems to the Department proper, and for that purpose may give any such direction as the Department might have given if the appeal had been an application made to the Department under Article 15(1)( a) and the power to dispense with or relax the provision in question had been exercisable by the Department under that Article.

F1 1990 NI 14