|
Environment
\ The Building Control Service
\ Notice of Rejection
Guidance on
Making an Appeal Against our Decision to Reject Your Plans
The following
guidance is for Applicants and Designers who have made a full plans
application to Newry & Mourne District Council for Building
Regulation approval and who have received a Notice of Rejection
or a BR3R Letter.
Our Obligations
When an application
has been submitted and accepted the details of the submission are
evaluated against the Building Regulations. Article 13 of The Building
Regulations Order (NI) (as amended) states that a council shall
either approve or reject plans. The council considers that a formal
Notice of Rejection is a last resort. The BR3R Letter (a letter
outlining observed contraventions and omissions) can be regarded
as a Notice of Rejection to establish your right to appeal against
any item or items noted as a contravention in the letter.
 Notice
of Rejection
Under Article
17 of The Building Regulations Order (N.I.) 1979 (as amended) the
applicant has a right of appeal to the Department of Finance and
Personnel against the council’s decision to reject an application.
Regulation A18 (Appeals and prescribed periods) of the Building
Regulations (NI) 2000 gives further guidance in this respect.
The BR3R Letter
and a Notice of Rejection issued by us provides the following information:
· That
there is a right of appeal.
· The period within which the appeal must be made
· The address to which the appeal should be sent
· That an appeal to the Department of Finance and Personnel
must set out the grounds of appeal
· That a copy of the appeal is to be sent to the Council
· Details of where guidance can be obtained
For the purposes
of Article 17 the period within which the appeal must be made is
56 days from receipt of the notice. If a period of 56 days has elapsed
from you having made an application, and we have not notified you
of any decision, Article 17 states that you may then assume, for
the purposes of an appeal, that the application has been rejected,
whether or not you have received a Notice of Rejection i.e. Deemed
Rejected.
Article 17 also
allows us to agree, in writing, with the applicant or designer to
extend this 56 day period e.g. in the case of a large complex building.
How
to Appeal
Upon receipt
of the BR3R or formal Notice of Rejection or a “Deemed Rejection”
you have 56 days within which to lodge a written appeal to the Department
of Finance and Personnel against the council’s decision.
The written
appeal must clearly indicate the grounds of the appeal and be sent
to the address below with a copy to us.
Department of
Finance and Personnel
Construction Service
Room 1510
Churchill House
Victoria Square
Belfast
BT1 4QW
Receipt
of Appeal
Once we are
notified of the appeal we will forward a copy of the application
details, including all documents given to us by you as part of your
application, to the Department of Finance and Personnel. At the
same time we will make a written submission regarding the appeal
to the Department. A copy of this submission will be sent to you.
Hearing
of Appeal
The Department of Finance
and Personnel upon receipt of all documentation will decide upon
the appeal. The Department before determining the appeal may if
it thinks fit or if requested by either party afford to that person
and the district council an opportunity of appearing before and
being heard by a person appointed by the Department.
Decision
The Department
of Finance and Personnel’s determination of the appeal will
take the form of one of the following options: -
· Revoke the council’s decision
· Vary the council’s decision
· Confirm the council’s decision
In all cases
the Department of Finance and Personnel’s decision is final
and conclusive, the only exception being on a point of law.
Question
of Law
|
