(2)  It shall be the primary function of the Appeals Tribunal to examine the issues between the parties and to determine the merits of an appeal having regard to the purposes of this Act set out in section 3, the need to secure consistency in the execution of policy, any approved development plan relevant to the issues and any other material planning considerations.

     (3) The constitution and procedures of the Appeals Tribunal shall be in accordance with Schedule 4.
  

     (2) An appeal shall lie to the Appeals Tribunal against any decision made by the Authority under this Act -
  

(b) imposing conditions on a grant of development permission;

(c) modifying or revoking a grant of development permission;

(d) requiring the completion of a development within a time limit;

(e) refusing listed building consent or listed site consent under section 51;

(f) imposing a preservation order except that no appeal shall lie against an interim preservation order;

(g) making a plant preservation order;

(h) making an amenity order, on any of the grounds mentioned in subsection 69 (3);

(i) issuing a compliance notice or as to the terms thereof.
  

(b) within 42 days of the date on which the notice or order which is to be appealed against under paragraphs (2) (c) (d) (f) (g) or (h) was served ;

(c) within the period specified in the notice as the period at the end of which the notice is to take effect in the case of a notice which is to be appealed against under paragraph (2) (i);
  

     (4) Where notice is given of an appeal to the Appeals Tribunal against a compliance notice within the period ending with the specified date in the compliance notice, or against an amenity order within the period specified in subsection (3) the compliance notice or the amenity order, as the case may be, shall be of no effect pending the determination of the appeal.
  

(b) a description of the land affected thereby;

(c) the name of the appellant;

(d) the interest of the appellant in the land affected by the decision; and

(e) concisely the grounds on which the appellant wishes to appeal against the decision.
  

(b) no such permission was required in respect thereof; or

(c) the conditions subject to which such permission was granted have been complied with.
  

(b) the person upon whom the notice has been served has no control over and no authority to remove, destroy or demolish any matter or building referred to in the order;

(c) the time within which the order must be complied with is not reasonably sufficient for the purpose;

(d) the work specified in the order is unreasonable in character or extent or is unnecessary;

(e) that having regard to the character and condition of land and buildings in the immediate neighbourhood, the order is unreasonable.
  

(b) a copy of the decision appealed against;

(c) a plan sufficiently identifying the location and boundaries of the land affected by the decision.
  

(b) the appellant appears not to have any sufficient interest in the land to justify him appealing against the decision.
  

     (7) The Appeals Tribunal shall take the following matters into consideration before deciding whether the appeal may be dealt with by written representations or by public examination -
  

(b) without prejudice to the generality of paragraph (a) whether it would be reasonably practicable to deal with the appeal by way of written representations;

(c) the public importance of the matter to which the appeal relates.
  

(b) notify the Authority of the time within which the Authority must serve on the appellant and on the Appeals Tribunal its statement of case;

(c) notify the appellant of the time within which he must serve on the Authority and on the Appeals Tribunal his response to the Authority’s statement of case;

(d) publish a notice in the Gazette and in at least one newspaper circulating in the Territory announcing the public examination and the time and place at which it will be held.
  

(b) ensure, when hearing evidence of one party, that the other party has had an opportunity to consider that evidence and to make comment or representation on it.
  

(i) the form and procedure to be adopted at the examination;

(ii) the dates and likely duration of the examination;

(iii) the Appeals Tribunal’s identification of the issues to be examined;

(iv) the evidence and quality of evidence required;

(v) whether third party agencies and persons who made representations or were consulted on the application are required to give evidence;

(vi) the incidence of the burden of proof, and the standard of proof required;

(vii) exchange of proofs of evidence;

(viii) the dates of any proposed site visits, giving both parties an opportunity to be present at the site visits;

(ix) any other matters which the Appeals Tribunal considers necessary for the fair and expeditious examination of the appeal;

b) there may be given and received in evidence at a public examination any material which the Appeals Tribunal may consider relevant to the subject matter of the examination whether or not it would be admissible in a court of law;

(c) evidence at a public examination may be given on oath or affirmation or as unsworn evidence or partly as sworn evidence and partly as unsworn evidence, as the Appeals Tribunal may think fit;

(d) any interested party may appear in person or may be represented by another person acting with his authority, whether or not that other person is a legal practitioner.
  

     (2) The record under this section shall contain -
  

(b) the names and addresses of all persons giving evidence at the public examination ;

(c) a summary of the evidence given by each person who gave evidence at the examination;

(d) an inventory of all exhibits (including models, maps, plans, drawings, sketches, diagrams, photographs, petitions, and written statements) received in evidence at the examination;

(e) the Appeals Tribunal's findings of fact in relation to any relevant matter;

(f) a full and clear account of the reasoning of the Appeals Tribunal on which its decision is based; and

(g) the determination of the Appeals Tribunal as to the manner in which the appeal should be disposed of.
  

     (2) Within 28 days of the receipt of the written representations of the other, or within the six weeks period specified in subsection (1), which ever is the later, the appellant and the Authority shall send to the Appeals Tribunal and to the other of them in writing such further representations as they may wish to make arising out of the written representations of the other.

     (3) The Appeals Tribunal in deciding an appeal by written representations, shall not -
  

(b) consider any representations in writing other than those provided for by subsections (1) and (2) unless it has given the appellant or the Authority (as the circumstances require) a full and sufficient opportunity of answering them in writing.
  

(b) a summary of the written representations submitted;

(c) an inventory of all models, maps, plans, drawings, sketches, diagrams, photographs, petitions, and written statements submitted with the written representations;

(d) the Appeals Tribunals findings of fact in relation to any relevant matter;

(e) a full and clear account of the reasoning of the Appeals Tribunal on which its decision is based; and

(f) the determination of the Appeals Tribunal as to the manner in which the appeal should be disposed of.
  

(b) if it allows the appeal in part, do so by varying the decision, notice or order of the Authority in any manner and subject to any conditions or limitations it thinks fit, but not so as to impose any condition or requirement which the Authority had no power under this Act to impose when making the decision or taking the action appealed against;

(c) correct any procedural defect or error of law in the decision, notice or order of the Authority appealed against;

(d) dismiss the appeal and confirm the decision, notice or order of the Authority.
  

     (3)Where an appeal made under paragraph 68 (2) (i) is dismissed, or the compliance notice is varied, the Appeals Tribunal may, if it thinks fit, direct that the compliance notice shall not come into force until a date, not being later than 28 days from the determination of the appeal.
  

     (2) Save as otherwise provided in this section the decision of the Appeals Tribunal shall be final.

     (3) An appeal shall lie to the High Court from a decision of the Appeals Tribunal on a point of law but not on any matter of fact and not in any manner upon the merits of the policies applied by the Authority or the Appeals Tribunal in reaching the relevant decision.

     (4) An appeal to which subsection (3) relates shall be filed in the High Court within 28 days of the notification of the decision of the Appeals Tribunal.