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Statutory Rules of Northern Ireland

2003 No. 254

PLANNING APPEALS COMMISSION PROCEDURES

Decisions on Appeals and Making of Reports Rules (Northern Ireland) 2003

Made

24th April 2003

Coming into operation

15th May 2003

The Office of the First Minister and deputy First Minister, in exercise of the powers conferred by Article 111(5) to (5B) of the Planning (Northern Ireland) Order 1991(1), and now vested in it(2), and after consultation with the appeals commission in accordance with Article 111(5) thereof, and of every other power enabling it in that behalf hereby makes the following Rules:

Citation, commencement and interpretation

1.—(1) These rules may be cited as the Decisions on Appeals and Making of Reports Rules (Northern Ireland) 2003 and shall come into operation on 15th May 2003.

(2) In these rules –

“appeals commission” means the Planning Appeals Commission;

“commissioner” means a member of the appeals commission;

“the Order” means the Planning (Northern Ireland) Order 1991.

Decisions of the appeals commission

2.—(1) A decision by the appeals commission on an appeal shall be taken by a panel of not fewer than four commissioners appointed by the chief commissioner.

(2) The chief commissioner or such panel member as he may nominate shall act as chairman of the panel.

(3) The chairman of the panel, in addition to his vote as a member of the panel, shall have a casting vote.

Reports made by the appeals commission

3.—(1) A report made by the appeals commission on an inquiry or hearing shall be made by a single commissioner or a panel of commissioners appointed by the chief commissioner.

(2) The chief commissioner or such panel member as he may nominate shall act as chairman of the panel.

(3) The chairman of the panel, in addition to his vote as a member of the panel, shall have a casting vote.

Sealed with the Official Seal of the Office of the First Minister and deputy First Minister on 24th April 2003.

L.S.

Dorothy Angus

A senior officer of the Office of the First Minister and deputy First Minister

Explanatory Note

(This note is not part of the Rules.)

These Rules provide that decisions on appeal of the Planning Appeals Commission shall be taken by a panel of not less than 4 commissioners appointed by the chief commissioner and make consequential provision (Rule 2).

The Rules further provide that reports of the Planning Appeals Commission shall be made by a single commissioner or a panel of commissioners appointed by the chief commissioner and make consequential provision (Rule 3).

(1)

S.I. 1991/1220 (N.I. 11) as amended by S.I. 2003/430 (N.I. 8), Article 32(2)

(2)

S.R. 2001 No. 229, Article 4(3)(b)