The Waste and Contaminated Land (Northern Ireland) Order 1997

Articles 17(2), 36(6), 41(3), 52(2), 58(2), 65(4).

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

PART IN.I.APPEALS UNDER ARTICLE 17, 41 OR 58

1.—(1) This paragraph applies to an appeal to the Planning Appeals Commission ( “the Commission”) under Article 17, 41 or 58.N.I.

(2) The Commission shall determine the appeal and [F1subsection (1), (3) and (5) of section 204 of the Planning Act (Northern Ireland) 2011] shall apply in relation to the determination of the appeal as they apply in relation to the determination of an appeal under that Order.

(3) If either party to the appeal so requests, the Commission shall afford to each of them an opportunity of appearing before and being heard by the Commission.

PART IIN.I.APPEALS UNDER ARTICLE 36 OR 65

2.—(1) This paragraph applies to an appeal to the Planning Appeals Commission under Article 36(5) or 65(3).N.I.

(2) The Commission shall determine the appeal and [F2subsection (1), (3) and (5) of section 204 of the Planning Act (Northern Ireland) 2011] shall apply in relation to the determination of the appeal as they apply in relation to the determination of an appeal under that Order.

(3) If either party to the appeal so requests, the Commission shall afford to each of them an opportunity of appearing before and being heard by the Commission.

(4) Any hearing in connection with the appeal must be held in private.

PART IIIN.I.DECISIONS REFERRED UNDER ARTICLE 52

4.—(1) This paragraph applies where, in accordance with paragraph (1) of Article 52, a district council refers a decision under that Article to the Planning Appeals Commission.N.I.

(2) The Commission shall consider the decision and [F3subsections (2), (3) and (5) of section 204 of the Planning Act (Northern Ireland) 2011] shall apply in relation to the consideration of the decision as they apply in relation to an inquiry or hearing under that Order.