Sri Lanka Consolidated Acts

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Urban Development Authority (Amendment) Act (No. 4 of 1982) - Sect 3

Insertion of new part II a. in the principal enactment

3. The following new Part is hereby inserted immediately after Part II, and shall have effect as Part IIA, of the principal the principal enactment :
8A.
(1) With a view to promoting and regulating the integrated planning and physical development of lands and buildings in a development area or part thereof, the Authority shall, having regard to the amenities and services to be provided to the community, prepare a development plan for such development area or part thereof.
(2) Without prejudice to the generality of the powers conferred by subsection (1), a development plan may contain provisions in respect of all or any of the matters provided in the Schedule to this Law.
8B.
(1) for the purpose of advising the Authority on all matters pertaining to the preparation, implementation and enforcement of a development plan, there shall be appointed in terms of section 5, a committee (here in after) referred to as the "Planning Committee").
(2) Rules may be made for the conduct of business by the Planning Committee..
8C
(1)the authority of may for the preparation of a development plan, by notice in writing. require the local authority or local authorities within whose administrative limits the development area or part thereof for which the development plan is being prepared is situate, or any person in such area
(a) to furnish such information as may be specified in the notice and which in the opinion of the Authority is considered necessary ; and
(b) to make such recommendations, if any as may be considered useful by the local authority or local authorities or person,
(2) It shall be the duty of a local authority or any person who is required to furnish any information by a notice under subsection 11 to comply with such requirement within the time specified in such notice, except when the local authority or person is precluded from furnishing such information under the provisions of any law.
8D. Upon the preparation of a draft development plan, the Authority shall forward a copy of such plan to the local authority or authorities within whoso administrative limits the development area or part thereof for which that plan is prepared is situate, for its or their comments, and it shall he the duty of the local authority or authorities, within sixty days of the receipt of such draft plan, to communicate its or their comments thereon, if any, to the Authority.
8E.
(1) Upon the expiry of the period of sixty days referred to in section 8D, the draft development plan, together with the comments, if any, received thereon under that section, shall be examined by the Planning Committee, and the Planning Committee shall, as soon as practicable after such examination, submit such development plan together with its recommendations thereon, to the Authority.
(2) Upon the submission of the draft development plan to the Authority under subsection (1), the Authority shall transmit such development plan together with its recommendations thereon, to the Minister for approval or modification thereof.
8F. Upon the transmission of the draft development plan to the Minister under subsection (2) of section 8E, the Minister may, after consideration of the recommendations made by the Authority with respect to the plan, approve the development plan, subject to such alterations or modifications, if any, as the Minister may consider necessary.
8G. Where any draft development plan has been approved by the Minister, it shall be the duty of the Authority as soon as may be after such approval
(a) to cause a notice to be published in the Gazette and in a daily newspaper in the Sinhala, Tamil and English languages circulating in the development area or part thereof to which the development plan relates, to the effect that the development plan has been approved by the Minister and that it shall come into operation on the date of the publication of the notice in the Gazette ; and
(b) to cause copies of the development plan, together with the written statement, plans, maps and annex urea thereto, to be available for inspection by the public at the head office of the Authority in Colombo, and at such offices of the Authority, and at the office or offices of the local authority or local authorities, situated in or near the development area or part thereof to which the development plan relates,
8H.
(1) The Authority may, at any time after a development plan has come into operation in a development area or part thereof, with the approval of the Minister, amend, replace, revise or modify the development plan in so far as it relates to any particular part or parts of the development area or part thereof, whore such amendment, replacement, revision or modification is necessary or expedient having regard to the amenities and services set out in the development plan-
(2) The provisions of sections 8C, 8D, 8E, 8F and 8G, shall, mutatis mutandis, apply in respect of the amendment, replacement, revision or modification of any development plan under subsection (1).
8J.
(1) Notwithstanding the provisions of any other law, no Government agency or any other person shall carry out or engage in any development activity in any development area or part thereof, except under the authority, and in accordance with the terms and conditions, of a permit issued in that behalf by the Authority.
(2) An application, for a permit to carry on' or engage in any development activity within a development area or part there shall be made to the Authority in. such form shall contain such particulars and be accompanied by such foes as may be prescribed by regulations made under this Law.
(3) A permit under subsection (1) shall be granted by the Authority under that sub section subject to such terms and conditions as the Authority may consider necessary, if the Authority is satisfied that
(a) in any case where the development plan has been submitted to the Minister for approval or the development plan has been approved by the Minister, the development activity proposed to be carried out or engaged in will not be inconsistent with or in contravention of any proposal or provision in such development plan ; and
(b) in any case where no development plan has been prepared, the purpose for which such permit is required to carry out or engage in such development activity conforms to the future development of such area.
(4) The Authority may take into considera tion the recommendations or the Planning Committee, in granting or refusing to issue a permit under this section.
(5) Any person who is aggrieved by the refusal of the Authority to grant a permit under this section may, subject to regulations made under this Law, appeal to the Minister against such refusal and the decision of the Minister upon any such appeal shall be final.
(6) A permit issued under this section shall be valid for a period of one year :
8K.
(1) No development activity shall be carried out or engaged in, in contravention of, or in variance with, the permit issued in that behalf.
(2) Upon the completion of any develops meat activity by any person under the authority of a permit issued in that behalf, it shall be the duty of such person to apply for and obtain a certificate from the Authority; to the effect that the development activity carried out or engaged in, has been done so in conformity with the permit issued therefor.
(3) Upon the receipt of a certificate of conformity under subsection (2), no land or building shall be used for any purpose other than for the purpose specified in the permit issued in that behalf.'.


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