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PART VIIN.I.LAWFUL AND UNLAWFUL INTERFERENCE WITH ROADS

Structures, works, etc. on, in, under, over or near a roadN.I.

Provisions supplementary to preceding provisions of this PartF2N.I.

84.—(1) Any person aggrieved by—

(a)the refusal of the Department to give its consent under—

(i)Article 72(2)(a);

(ii)Article 73(2)(a);

(iii)Article 77(1);

(iv)Article 78(2)(a);

(v)Article 80(1);

(vi)Article 81(1);

(vii)Article 82(2)(a);

(viii)Article 83(2)(a);

(b)any condition subject to which any such consent is given;

(c)the refusal of the Department to issue a licence under Article 74(1), 75,F1 76 or 79; or

(d)any condition subject to which any such licence is issued,

may, within 21 days of receiving notice thereof, appeal to the planning appeals commission by notice in writing under this Article.

(2) Before determining an appeal under this Article 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.

(3) Every notice of appeal to the planning appeals commission under this Article shall be accompanied by such fee (if any) as the Department may by regulations prescribe.

(4) Summary proceedings for an offence under any of the preceding provisions of this Part shall not be commenced after the expiration of—

(a)a period of 6 months from the date on which evidence sufficient in the opinion of the Department to justify a prosecution for the offence comes to the knowledge of the Department; or

(b)a period of one year from the date on which the offence was committed or ceased to continue,

whichever period last expires.

(5) For the purposes of paragraph (4) a certificate purporting to be signed by the secretary of, or other officer authorised by, the Department as to the date on which such evidence as is mentioned in that paragraph comes to the knowledge of the Department shall be conclusive evidence thereof.

(6) Nothing in any of the preceding provisions of this Part applies in relation to anything done for the sole purpose of complying with any requirement of a notice served under any of Articles 50 to 57.

F1prosp. subst. by 1995 NI 19

F2functions transf. by SR 1999/481