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The Waste Management Licensing Regulations (Northern Ireland) 2003

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Appeals

6.—(1) An applicant may appeal to the Planning Appeals Commission if –

(a)his application is refused; or

(b)the relevant period from the making of the application has expired without his having been registered.

(2) A person whose registration as a broker of controlled waste has been revoked may appeal against the revocation to the Planning Appeals Commission.

(3) Notice of an appeal to the Planning Appeals Commission under sub-paragraph (1) or (2) shall be given by the appellant to the Planning Appeals Commission within the period specified in sub-paragraph (7).

(4) If either party to the appeal so requests, the Planning Appeals Commission shall afford to each of them an opportunity of appearing before and being heard by the Commission.

(5) The notice of appeal shall be accompanied by the following –

(a)a statement of the grounds of appeal;

(b)in the case of an appeal under sub-paragraph (1), a copy of the relevant application;

(c)in the case of an appeal under sub-paragraph (2), a copy of the appellant’s entry in the register;

(d)a copy of any relevant correspondence between the appellant and the Department;

(e)a copy of any notice given to the appellant under paragraph 3(13) or 5(2);

(f)a statement indicating whether the appellant requests the opportunity of appearing before and being heard by the Planning Appeals Commission.

(6) The appellant shall at the same time as giving notice of appeal to the Planning Appeals Commission serve on the Department a copy of the notice and a copy of the documents referred to in sub-paragraph (5)(a) and (f).

(7) Notice of appeal is to be given before the expiry of the period of 28 days beginning with –

(a)in the case of an appeal under sub-paragraph (1)(a), the date on which the Department serves written notice on the applicant that his application has been refused;

(b)in the case of an appeal under sub-paragraph (1)(b), the date on which the relevant period from the making of the application expired without the applicant having been registered; or

(c)in the case of an appeal under sub-paragraph (2), the date on which the Department serves written notice on the registered broker that his registration as a broker has been revoked,

or before such later date as the Planning Appeals Commission may at any time allow.

(8) The Planning Appeals Commission shall determine the appeal and Article 111 of the Planning (Northern Ireland) Order 1991(1) shall apply in relation to the determination of the appeal as it applies in relation to the determination of an appeal under that Order.

(9) The Planning Appeals Commission shall notify the appellant of its determination of the appeal and reasons for it, and shall at the same time send a copy of its determination to the Department.

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