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28. Regulation 18 (development likely to have significant effects on the environment in another Member State) shall apply subject to the following modifications—
(a)for regulation 18(1)(a)substitute—
“(a)on the consideration of an appeal under Article 69 (appeal against enforcement notice), the Commission is of the opinion that matters which are alleged to constitute the breach of planning control comprise or include EIA development and the development has or is likely to have significant effects on another Member State, it shall notify the Department; and”;
(b)in regulation 18(1)(i) delete the word “proposed”;
(c)in regulation 18(3)(a) for the words “a copy of the application concerned” substitute the words “a description of the development concerned”; and
(d)in regulation 18(3)(b) for “that application” substitute “the deemed application under Article 71(3)”.
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