23.1 Where a breach of planning control is likely to be either a Schedule 1 or a Schedule 2 development, the Department is required to make a EIA determination accordingly and issue it with the enforcement notice. If a developer appeals to the PAC against the enforcement notice, he/she is deemed to have made a planning application which the PAC determines. If the Department has determined that the unauthorised development is EIA development, the PAC must receive an ES before determining the deemed application. The procedures to be applied for the preparation of an ES and its publicity in such cases are as above except that the PAC would advertise the ES.
23.2 Where an ES is required, it must be submitted within 6 months or such longer period agreed with the PAC otherwise the deemed application and appeal shall lapse.
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