The Planning (Control of Advertisements) Regulations (Northern Ireland) 2015 No. 66

SCHEDULE 4 N.I.

PART 2 N.I. SECTIONS 40, 43, 44, 58, 59, 60, 68 AND 70 OF THE PLANNING ACT (NORTHERN IRELAND) 2011 AS MODIFIED

Matters which may be raised in an appeal under section 58 N.I.

59.—(1) In an appeal under section 58, a party to the proceedings is not to raise any matter which was not before the council at the time the decision appealed against was made unless that party can demonstrate to the satisfaction of the planning appeals commission—

(a) that the matter could not have been raised before that time, or

(b) that its not being raised before that time was a consequence of exceptional circumstances.

(2) Nothing in subsection (1) affects any requirement or entitlement to have regard to—

(a) the provisions of the local development plan, or

(b) any other material consideration.

Commencement Information

I1 Sch. 4 para. 59 in operation at 1.4.2015, see reg. 1