Section 48Part 7 — Supplemental
Appeals against decisions of Authority
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Any person who has applied for planning permission, or who has objected to an application for planning permission after being notified of the application in accordance with regulations made under this Act, and who is aggrieved by a decision of the Authority in respect of the application, may, within fourteen days of notification of that decision under section 40, or within such longer period as the Tribunal may in any particular case allow for good cause, appeal against that decision to the Tribunal on the ground that it is —
erroneous in law;
unreasonable;
contrary to the principles of natural justice; or
at variance with any development plan having effect in relation thereto,
but not otherwise; and such appeal shall be heard by the Tribunal within six months of such appeal being lodged, and such appeal shall be heard and determined based on the record of the hearing to which it relates in accordance with any rules made hereunder.
After hearing an appeal hereunder, the Tribunal may confirm, reverse or modify any decision of the Authority or may in appropriate circumstances remit the matter to the Authority with or without directions as to rehearing the matter, and may make such order (including any order for costs) as it thinks just and where the Tribunal finds that an appeal has been made which is frivolous and vexatious, the Tribunal may award costs on an indemnity basis against the appellant.
In the event of the Tribunal being equally divided in the matter of any decision the Chairperson shall have a second or casting vote.
Any person aggrieved by a decision of the Tribunal under subsection (2) may, within fourteen days, appeal against that decision to the Grand Court on the ground that it is —
erroneous in law;
unreasonable;
contrary to the principles of natural justice; or
at variance with a development plan having effect in relation thereto,
but not otherwise.
After hearing the parties to an appeal under subsection (4), the Grand Court may confirm, reverse or modify any decision of the Tribunal.
The Chief Justice shall make rules for the better carrying out of this section, for the procedure and forms to be used for the admission of evidence and fees to be paid on any appeal under this Act.
Any person aggrieved by a decision of the Grand Court under subsection (5) may, within fourteen days, appeal against that decision to the Court of Appeal on a point of law, and the decision of the Court of Appeal shall be final and binding upon the parties affected thereby.