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The Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 2012

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Appeals under Article 32 or Article 33 of the 1991 Order

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6.—(1) Where an appeal is made to the Commission under Article 32 (appeals) or 33 (appeal in default of planning decision), the functions conferred on the Department by Part 3 to Part 6 of these Regulations shall be exercisable by the Commission in respect of that appeal.

(2) For the purposes of paragraph (1), regulation 13(3) shall have effect as if substituted by the following provision—

An appellant receiving a notification pursuant to paragraph (1) shall, within 4 weeks from the date of the determination, inform the Commission, in writing, that the appellant—

(a)accepts the Commission’s determination and proposes to provide an environmental statement; or

(b)does not accept the Commission’s determination.

(3) For the purposes of paragraph (1), regulation 13(5) does not apply.

(4) For the purposes of paragraph (1), the phrase “and the deemed refusal shall not give rise to an appeal to the Commission by virtue of Article 32 (appeals) or Article 33 (appeal in default of planning decision)” contained in regulation 13(4), 13(6) and 19(3) shall not have effect.

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