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The Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995

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Effect of revocation or modification orders made on review

52.—(1) Where, pursuant to regulation 50, the Department proposes to make an order under Article 38 of the 1991 Order (revocation or modification of planning permission) or Article 38 as applied by Article 112 of the 1991 Order, in respect of the winning and working of minerals, it shall make a provisional order which shall take effect immediately on service of the notice required by Article 38(2) of that Order, and where there is more than one such notice and those notices are served at different times, upon the service of the last such notice to be served.

(2) The Department may—

(a)after considering any objections and representations received within the period specified in the notice, and where a hearing is held the report of the planning appeals commission; or

(b)where no objections or representations are received within that period;

confirm the order, with or without modifications, or withdraw it and shall give notice of the confirmation or withdrawal to the persons on whom the notice of the provisional order was served.

(3) Where the Department decides not to confirm a provisional order, the order shall cease to have effect and the permission revoked or modified by it shall thereafter have effect as if the order had never been made, and as if—

(a)any period specified in the permission for taking any action, being a period which had not expired prior to the date upon which the order took effect under paragraph (1) shall be extended by a period equal to that during which the order had effect; and

(b)there was substituted for any date specified in the permission as being a date by which any action should be taken, not being a date falling prior to that date upon which the order took effect under paragraph (1), such date as post-dates the specified date by a period equal to that during which the order had effect.

(4) An order under Article 38 of the 1991 Order (revocation or modification of planning permission) or Article 38 as applied by Article 112 of that Order in respect of the winning and working of minerals, made in pursuance of regulation 50, shall not affect so much of the development authorised by the permission as was carried out prior to the order taking effect.

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