45Appeals concerning applications

45 Appeals concerning applications

[Section 45 Substituted by No. 70 of 2013, s. 22, Applied:01 Mar 2014]

(1)  Where, in respect of a discretionary permit application, the Heritage Council gives the relevant planning authority the notification under section 36(4) and the applicant consequently lodges an appeal under section 61(3) of the Planning Act, the Heritage Council is joined as a respondent to the appeal.

(2)  Where, in respect of a discretionary permit application, the Heritage Council gives the relevant planning authority the notification under section 39(6)(a) or (b) , the Heritage Council is joined as a respondent to any appeal under section 61(4) or (5) of the Planning Act in respect of the discretionary permit.

(3)  Where, in respect of a discretionary permit application, the Heritage Council gives the relevant planning authority the notification under section 39(6)(c) and the permit is refused partly on the grounds of that notification and partly on other grounds, the Heritage Council is, for the purposes of section 61(4) of the Planning Act, joined as a respondent to any appeal in respect of the refusal.

(4)  Where, in respect of a discretionary permit application, the Heritage Council gives the relevant planning authority the notification under section 39(6)(c) and the permit is refused solely because of that notification, the Heritage Council is, for the purposes of section 61(4) of the Planning Act, the respondent to any appeal in respect of the refusal and the relevant planning authority is not joined as a respondent.

(5)  Where, in respect of a discretionary permit application, the Heritage Council gives the relevant planning authority the notification under section 36(3) and the applicant applies under section 59(3) of the Planning Act to the Appeal Tribunal, within the meaning of that Act, the Heritage Council is, for the purposes of that Act, joined as a respondent to the application.