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Historic Monuments and Archaeological Objects (Northern Ireland) Order 1995

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This is the original version (as it was originally made).

5.—(1) If no objection to a proposed modification or revocation is duly made by a person served with notice thereof in accordance with paragraph 4, or if all objections so made are withdrawn, the Department may give a direction under Article 6 modifying or revoking the scheduled monument consent in question in accordance with the notice.

(2) If any objection duly made as mentioned in sub-paragraph (1) is not withdrawn, then, before giving a direction under Article 6 with respect to the proposed modification or revocation, the Department shall either—

(a)cause a public local inquiry to be held by the planning appeals commission; or

(b)afford to any such person an opportunity of appearing before and being heard by the planning appeals commission.

(3) If any person by whom an objection has been made avails himself of the opportunity of being heard, the Department shall afford to each other person served with notice of the proposed modification or revocation in accordance with paragraph 4 and to any other person to whom it appears to the Department expedient to afford it, an opportunity of being heard on the same occasion.

(4) Before determining in a case within sub-paragraph (2) whether to give a direction under Article 6 modifying or revoking the scheduled monument consent in accordance with the notice, the Department—

(a)shall in every case consider any objections duly made as mentioned in sub-paragraph (1) and not withdrawn; and

(b)shall also, if any inquiry or hearing has been held in accordance with sub-paragraph (2), consider the report of the planning appeals commission.

(5) After considering any objections and report it is required to consider in accordance with sub-paragraph (4), the Department may give a direction under Article 6 modifying or revoking the scheduled monument consent either in accordance with the notice or with any variation appearing to it to be appropriate.

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