6. Regulation 3(1) shall not apply to a deemed application where the appellant, before the date when the relevant enforcement notice was issued, made—
(a)an application for planning permission for the development to which the enforcement notice relates and has paid the fee for that application under and in accordance with the Fees Regulations or the Planning (Fees) Regulations (Northern Ireland) 2005(1), as appropriate; or
(b)an appeal to the appeals commission against the refusal to grant such permission,
and that application or that appeal (as the case may be) has not been determined on or before the date when the relevant enforcement notice was issued.