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37. Regulation 27 (development in Northern Ireland likely to have significant effects on the environment in another EEA state) shall have effect as if—
(a)for regulation 27 (1)(a) there were substituted—
“(a)on the consideration of an appeal under section 143 (appeal against enforcement notice), the Commission is of the opinion that matters which are alleged to constitute the breach of planning control comprise or include EIA development and the development has or is likely to have significant effects on another EEA state, it shall notify the council or, as the case may be, the Department; or”;
(b)in regulation 27(1)(i) the word “proposed” was omitted;
(c)in regulation 27(3)(a) the words “a copy of the application concerned” were replaced by the words “a description of the development concerned”; and
(d)in regulation 27(3)(c) the words “that application” were replaced by the words “the deemed application under section 145(5)”.
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