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Power to declare references, appeals and applications withdrawn.
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5.—(1) Where the Board is of opinion that a reference or appeal to the Board, or an application for permission or approval to which such an appeal relates, has been abandoned, the Board may serve on the person who made the reference, appeal or application, as may be appropriate, a notice stating that fact and requiring that person, within a period specified in the notice (being a period of not less than fourteen days beginning on the date of service of the notice) to make to the Board a submission in writing as to why the reference, appeal or application, as the case may be, should not be regarded as having been withdrawn.
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(2) Where a notice has been served under subsection (1) of this section the Board may, at any time after the expiration of the period specified in the notice, and after considering the submission (if any) made to the Board pursuant to the notice, declare—
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(i) in case the notice refers to a reference, that the reference shall be regarded as having been withdrawn,
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(ii) in case the notice refers to an application described in subsection (1) of this section, that the application shall be regarded as having been withdrawn, and
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(iii) in case the notice refers to an appeal to the Board, that the appeal shall be regarded as having been withdrawn.
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(3) Where pursuant to this section the Board declares that an application described in subsection (1) of this section is to be regarded as having been withdrawn, the following provisions shall apply as regards the application:
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(a) any appeal in relation to the application shall be regarded as having been withdrawn and accordingly shall not be determined by the Board, and
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(b) notwithstanding any previous decision under section 26 or 27 of the Principal Act by a planning authority as regards the application, no permission or approval shall be granted under either of those sections by the authority on foot of the application.
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(4) Where the Board makes a declaration under this section, not-withstanding section 15 (2) of the Act of 1976, the Board may, if it thinks fit, direct that the deposit lodged in relation to the relevant appeal, or in relation to any appeal to which the relevant application relates, as may be appropriate, shall be forfeited to the Board.
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