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Statutory Rules of Northern Ireland

2006 No. 233

PLANNING APPEALS COMMISSION PROCEDURES

Planning Appeals Commission (Decisions on Appeals and Making of Reports) (No. 2) Rules (Northern Ireland) 2006

Made

24th May 2006

Coming into operation

14th June 2006

The Office of the First Minister and deputy First Minister makes the following Rules in exercise of the powers conferred by Articles 111(5), (5A) and (5B) of the Planning (Northern Ireland) Order 1991(1) and now vested in it(2).

In accordance with Article 111(5) of that Order it has consulted with the appeals commission.

Citation, commencement and interpretation

1.—(1) These rules may be cited as the Planning Appeals Commission (Decisions on Appeals and Making of Reports) (No. 2) Rules (Northern Ireland) 2006 and shall come into operation on 14th June 2006.

(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)a panel of not fewer than four commissioners; or

(b)a single commissioner;

appointed by the chief commissioner in that behalf.

(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.

(4) At any time before the issue of a decision on an appeal by a single commissioner, the chief commissioner may recover the appeal for decision by a panel of not fewer than four commissioners.

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)a single commissioner; or

(b)a panel of commissioners;

appointed by the chief commissioner in that behalf.

(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.

Revocation

4.  The Decision on Appeals and Making of Reports Rules (Northern Ireland) 2003(3) and the Planning Appeals Commission (Decisions on Appeals and Making of Reports) Rules (Northern Ireland) 2006(4) are revoked.

Sealed with the Official Seal of the Office of the First Minister and deputy First Minister on 24th May 2006.

L.S.

Deirdre Kenny

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

Explanatory Note

(This note is not part of the Order)

These Rules provide that decisions on appeal of the Planning Appeals Commission shall be taken by a panel of not less than 4 commissioners or a single commissioner 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).

These Rules revoke the Decisions on Appeals and Making of Reports Rules (Northern Ireland) 2003 and the Planning Appeals Commission (Decision on Appeals and Making of Reports) Rules (Northern Ireland) 2006 (Rule 4).

(1)

S.I.1991/1220(N.I.11) as amended by S.I.2003/430 (N.I.8), Article 32(2) and S.I.2006/1252 (N.I.7), Article 15

(2)

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