9. (1) The owner of a site that is entered on the register under section 6(2) may appeal against such entry to the Board within 28 days after the date of the notice given to him or her under section 7(3).

(2) On an appeal under this section the burden of showing that the site F4[was not a vacant site] for the duration of the 12 months concerned is on the owner of the site.

(3) Where the Board determines that a site was not F4[a vacant site] for the duration of the 12 months concerned or was no longer a vacant site on the date on which the site was entered on the register in accordance with section 6(2) it shall give written notice to the planning authority who shall cancel the entry on the register in respect of that site.

(4) Where the owner of a vacant site appeals under subsection (1) against the entry of a site on the register the entry shall not take effect until the appeal is finally determined.

(5) Where an appeal under subsection (1) against an entry of a site on the register is unsuccessful or is withdrawn the entry shall be deemed to have effect from the date on which the site was entered under section 6(2).