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Revisions to plans for development on appeal
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106. (1) Subject to subsection (3), the appellant in an appeal to the Commission under this Part may, where he or she is the person who made the application for permission to which the appeal relates, include, with the notice of appeal, revised particulars, plans or drawings in relation to the development or proposed development concerned.
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(2) Subject to subsection (3), the respondent in an appeal to the Commission under this Part may, where he or she is the person who made the application for permission to which the appeal relates, include, with any submissions in relation to the appeal, revised particulars, plans or drawings in relation to the development or proposed development concerned.
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(3) Revised particulars, plans or drawings included with a notice of appeal referred to in subsection (1) or submissions referred to in subsection (2) shall—
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(a) be clearly identified as having been included in accordance with this section,
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(b) not contain a proposed alteration of the development or proposed development that would substantially alter the nature of the development or proposed development, and
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(c) comply with such additional requirements as may be prescribed,
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and revised particulars, plans or drawings included with such a notice in relation to which there has not been full compliance with this subsection shall be disregarded by the Commission when performing its functions in relation to the appeal.
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(4) The opinion of the Commission on the question of whether or not revised particulars, plans, or drawings comply with paragraph (b) of subsection (3) shall be conclusive.
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