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Planning Act (Northern Ireland) 2011

Sections 171 to 174: Certificates under sections 169 and 170, supplementary provisions, offences, appeals against refusal or failure to give decision on applications, further provision as to appeals under section 173

Section 171 makes provision for supplementary provisions associated with procedures for obtaining/revoking the certificates under sections 169 and 170 to be specified by development order.  Section 172 deals with offences and sets out that any person who makes a false or misleading statement in respect of procuring a certificate will, on summary conviction, be liable to a fine not exceeding the statutory maximum or, on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both.  Section 173 provides a right of appeal to the Planning Appeals Commission against a council’s refusal or failure to give a decision on applications for a certificate. The Planning Appeals Commission can grant the appellant the certificate or dismiss the appeal if it considers a council’s decision appropriate.  The applicant must appeal to the Planning Appeals Commission within 4 months from the date on which the application was refused or refused in part.  In relation to appeals section 174 provides the opportunity for all appellants and a council to appear before and be heard by the commission.

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