The Industrial Pollution Control (Northern Ireland) Order 1997 No. 2777 (NI. 18)

SCHEDULES

SCHEDULE 2 N.I. APPEALS AND MATTERS REFERRED TO THE PLANNING APPEALS COMMISSION

PART II N.I. APPEALS AND MATTERS REFERRED UNDER ARTICLE 22

Reference of appeals or matters involved in appeals in accordance with Article 22(6)(c) N.I.

4.—(1) This paragraph applies where, in accordance with paragraph (6)(c) of Article 22, the Department refers an appeal or any matter involved in an appeal under that Article to the Commission. N.I.

(2) The Commission shall consider the appeal or matter and report to the Department thereon.

(3) For the purpose of considering an appeal or matter under sub-paragraph (2), the Commission shall hold a hearing if either party to the appeal so requests; and in any other case the Commission shall consider the appeal or matter solely by reference to written representations.

(4) Any such hearing must be held in private.

(5) Where the Commission holds such a hearing, it shall afford to each party to the appeal an opportunity of appearing before and being heard by the Commission.

(6) [F1 Subsections (2), (3) and (5) of section 204 of the Planning Act (Northern Ireland) 2011] shall apply in relation to the consideration of an appeal or matter under sub-paragraph (2) as they apply in relation to an inquiry or hearing under [F2 that Act] .

F1 Words in Sch. 2 para. 4(6) substituted (13.2.2015 for specified purposes, 1.4.2015 in so far as not already in operation) by Planning Act (Northern Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 6 para. 85(d)(i) (with s. 211); S.R. 2015/49, arts. 2, 3, Sch. 1 (with Sch. 2 (as amended (16.3.2016) by S.R. 2016/159, art. 2))

F2 Words in Sch. 2 para. 4(6) substituted (13.2.2015 for specified purposes, 1.4.2015 in so far as not already in operation) by Planning Act (Northern Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 6 para. 85(d)(ii) (with s. 211); S.R. 2015/49, arts. 2, 3, Sch. 1 (with Sch. 2 (as amended (16.3.2016) by S.R. 2016/159, art. 2))