Planning and Environment Court Act 2016
sec.9When P&E Court must remit to tribunal
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sec.9 When P&E Court must remit to tribunal
If— a P&E Court proceeding is, or includes, a matter within a tribunal’s jurisdiction; and the court is satisfied the matter should be dealt with by the tribunal; the court must, by order, remit the matter to the tribunal. On the making of the order, the Planning Act , sections 229 and 239 apply as if the document starting the P&E Court proceeding were a document starting a tribunal proceeding under that Act. (sec.9-ssec.1) If— a P&E Court proceeding is, or includes, a matter within a tribunal’s jurisdiction; and the court is satisfied the matter should be dealt with by the tribunal; the court must, by order, remit the matter to the tribunal. (sec.9-ssec.2) On the making of the order, the Planning Act , sections 229 and 239 apply as if the document starting the P&E Court proceeding were a document starting a tribunal proceeding under that Act.
- (a) a P&E Court proceeding is, or includes, a matter within a tribunal’s jurisdiction; and
- (b) the court is satisfied the matter should be dealt with by the tribunal;