40. (1) Save as is provided in sub-article (2), where an appeal is brought to the Board it shall determine the appeal as if the application to the building control authority to which the appeal relates had been made to the Board in the first instance and the decision of the Board shall operate to annul the decision of the building control authority from the date of such decision.

(2) Where—

(a) an appeal relates only to a condition or conditions attached to a decision of a building control authority, and

(b) the Board is satisfied, having regard to the nature of the condition or conditions, that the determination by the Board of the relevant application at if it had been made to it in the first instance would not be warranted,

the Board may, in its absolute discretion, give to the relevant building control authority such directions as it considers appropriate relating to the attachment, amendment or removal by that authority either of the condition or conditions to which the appeal relates or of other conditions.