Part 3

Planning control

Appeals

Appeal against failure to take planning decision
60
Where any such application as is mentioned in section 58(1) is made to a council, then unless within such period as may be specified by a development order, or within such extended period as may be agreed upon in writing between the applicant and the council, the council either—
a
gives notice to the applicant of its decision on the application; or
b
gives notice to the applicant that the application is one to which section 29 applies; or
c
gives notice to the applicant that it has exercised its power under section 46 or 48 to decline to determine the application,
section 58 shall apply in relation to the application—
i
as if the permission, consent, agreement or approval to which it relates had been refused by the council; and
ii
as if notification of the council's decision had been received by the applicant at the end of the period so specified, or at the end of the said extended period, as the case may be.
S. 60 in operation at 1.2.2015 for specified purposes by S.R. 2015/25, art. 2
S. 60 applied with modification(s) (1.4.2015) by The Planning (Control of Advertisements) Regulations (Northern Ireland) 2015 (S.R. 2015/66), regs. 1, 15, Sch. 4 Pts. 1, 2
S. 60 applied with modification(s) (1.4.2015) by The Planning (Trees) Regulations (Northern Ireland) 2015 (S.R. 2015/84), regs. 1(1), 2, Sch. (with reg. 11(7))
Pt. 3 applied with modification(s) (1.4.2015) by The Planning General Regulations (Northern Ireland) 2015 (S.R. 2015/39), regs. 1(1), 2 (with regs. 3-10)
S. 60 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/25, art. 3
Pts. 1-3: transfer of functions (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 5 Pt. 2 (with art. 9(2))