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The Planning (2011 Act) (Commencement No.3) and (Transitional Provisions) Order (Northern Ireland) 2015

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This is the original version (as it was originally made).

Transitional provisions: revocation or modification of planning permission

10.—(1) This paragraph applies where before the transfer date the Department served a notice under Article 38 (Revocation or modification of planning permission) (or any order or regulation made under the 1991 Order).

(2) A notice to which this paragraph applies shall be treated as if it had been served by the appropriate council in connection with its functions under section 68 (Revocation or modification of planning permission) (or any order or regulation made under the 2011 Act) and unless the person on whom the notice was served requests in writing within the period specified in the notice an opportunity of appearing before and being heard by the PAC the notice shall take effect in accordance with section 71(2) without requiring to be confirmed by the Department.

(3) Where a person on whom a notice is served requests in writing within the period specified in that notice an opportunity of appearing before and being heard by the PAC then section 70 (procedure for section 68 orders: opposed cases) shall apply.

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