|
|
Appeals against conditions.
|
15.—(1) Where—
|
|
| |
(a) an appeal is brought from a decision of a planning authority to grant a permission or approval, and
|
|
| |
(b) the appeal relates only to a condition or conditions that the said decision provides that the permission or approval shall be subject to, and
|
|
| |
(c) the Board is satisfied, having regard to the nature of the condition or conditions, that the determination by the Board of the relevant application as if it had been made to it in the first instance would not be warranted,
|
|
| |
then, subject to compliance by the Board with subsection (2), the Board may, in its absolute discretion, give to the relevant planning authority such directions as it considers appropriate relating to theattachment, amendment or removal by that authority either of the condition or conditions to which the appeal relates or of other conditions.
|
|
| |
(2) In exercising the power conferred on it by subsection (1), apart from considering the condition or conditions to which the relevant appeal relates, the Board shall be restricted to considering—
|
|
| |
(a) the matters which by virtue of section 26 (5) of the Principal Act the Board would be restricted to considering were it determining the relevant application as if it had been made to it in the first instance, and
|
|
| |
(b) the terms of any previous permission or approval considered by the Board to be relevant.
|
