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The Development Planning (Amendment) Act, 2008 (Bill No. 117)

A BILL

entitled

AN ACT to amend the Development Planning Act, 2007

BE IT ENACTED by the President, by and with the advice of the House of Representatives, in this present Parliament assembled, and by the authority of the same as follows>-
1. (1) The short title of this Act is the Development Planning (Amendment) Act, 2008 and it shall be read and construed as one with the Development Planning Act, hereinafter referred to as “the principal Act”.
(2) This Act shall be deemed to have come into force on such date or dates as the Minister responsible for the environment may, by notice in the Gazette, appoint and different dates may be so appointed for different provisions and for different purposes of this Act.
2. (1) Immediately after the definition of “public officer” in article 2 of the principal Act, there shall be inserted the following definition>–
“ “registered interested party” means any person who complies with the requirements of the provisions of article 32(5) of the Act<”

Short title and coming into force.

Amendment of article 2 of the principal Act.

C 100

Cap. 460. Amendment of

article 3 of the principal Act.

Addition of new article 15B to the principal Act.

(2) Immediately after the definition of “erection” in article
2 of the principal Act, there shall be inserted the following definition>–
“ “European Union” means the European Union as defined under article 2 of the European Union Act<”
3. Paragraph (b) of sub-article (2) of article 3 of the principal
Act shall be amended as follows>–
(a) for the words “ the other seven” there shall be substituted “one of whom is a person with knowledge of and experience in matters relating to the cultural heritage, and the other six”< and
(b) for the words of the paragraph “ and the environment.” there shall be substituted the words “ ,the environment or cultural heritage.”.
4. Immediately after article 15A of the principal Act, there shall be inserted the following new article >–

“Appeal Board may suspend execution of development.

15B. (1) In case of a development in an area which falls outside areas designated for development as defined in the Structure Plan or in any other plan< or in a scheduled property grade 1 or grade 2< or in the case of demolition within Category A Urban Conservation Area which includes demolition of facade< or in a Special Area of Conservation, at the request of the appellant made concurrently with the application for the appeal, through a partial decision, the Appeal Board may suspend the execution of the development, in whole or in part, as approved by the development permit subject of the appeal, under those terms, conditions and other measures it may deem fit.
(2) The board shall not suspend the execution of such a permit unless it is satisfied, after hearing all the parties, that unless the execution of the permit is suspended the prejudice that would be caused would be disproportionate when compared with the actual doing of the thing so permitted or if the request is deemed as frivolous or vexatious>
Provided that the Board shall justify the decision suspending the execution of the development and shall grant its final decision on the merits of the appeal within three months from the date of the first hearing of the appeal>
Provided further that the suspension of the execution of such a permit may not be more than three months from the date of the first hearing of the Appeal before the Board>
Provided also that the application is not for a development which, in the opinion of the Minister is of strategic significance or of national interest, related to any obligation ensuing from a European Union Directive, affects national security or affects interests of other governments.
(3) The first hearing of the Board shall be within six working days from receipt of the appeal.”.
5. For sub-article (2) of article 27 of the principal Act there shall be substituted the following>–
“(2) Where the Authority prepares a subsidiary plan or review thereof as aforesaid, it shall seek the Minister’ approval in terms of the following procedure>
(a) during the preparation or review of a subsidiary plan, the Authority shall make known to the public the matters it intends to take into consideration and shall provide adequate opportunities for individuals and organisations to make representations to the Authority<
(b) when the subsidiary plan or a revision thereof has been prepared, the Authority shall publish the plan together with a statement of the representations it has received and the responses it has made to those representations. The Authority shall invite representations on the plan to be submitted to it within a specified period of not less than six weeks< where in such a subsidiary plan or revision thereof it is proposed that any land be excluded from a Temporary Provisions Scheme Boundary or a development boundary as indicated in a local plan, the Authority shall publish in the Gazette and in two local daily newspapers a notice showing the land that is to be excluded<
(c) the Authority shall adopt the subsidiary plan after taking into consideration all the representations submitted to it as aforesaid<
(d) the Authority shall refer the subsidiary plan to the
Minister. It shall also forward to the Minister>
C 101

Amendment of article 27 of the principal Act.

C 102
(i) the statement of representations<
(ii) the responses and amendments it has made as a result of those representations<
(iii) a precise indication of all other amendments it has made to the plan< and
(iv) all the relative documentation and studies in relation to the preparation of the subsidiary plan<
(e) the Authority shall also publish the plan and invite representations on the matters indicated in sub-paragraph (iii) of paragraph (d) hereof to be submitted within a specified period of not less than six weeks<
(f) the Authority shall adopt the subsidiary plan after taking into consideration all the representations submitted to it as aforesaid and shall refer the subsidiary plan to the Minister for his approval. It shall also forward to the Minister>
(i) the statement of representations<
(ii) the responses and amendments it has made as a result of those representations<
(g) where the Minister agrees with the subsidiary plan he shall approve it as submitted by the Authority and the Authority shall upon such approval publish the same together with the statements, responses, documentation and studies referred to in paragraph (d) and (f)<
(h) where the Minister does not agree with the subsidiary plan as adopted by the Authority in accordance with paragraph (f) hereof, he shall prepare a planning position statement stating his proposed changes or his reactions to the Authority’s subsidiary plan and shall refer back the subsidiary plan to the Authority together with his planning position statement< where in such a subsidiary plan or revision thereof it is proposed that any land be excluded from a Temporary Provisions Scheme Boundary or a development boundary as indicated in a local plan, the Authority shall publish in the Gazette and in two local daily newspapers a notice showing the land that is to be excluded<
(i) where the Authority does not agree with the Minister following the referral back to it of the subsidiary plan by the Minister, it shall draw up a planning position statement and shall refer it back to the Minister<
(j) the Minister shall then issue a final planning position statement. He shall forthwith communicate it to the Authority.
(k) the Authority shall forthwith amend the subsidiary plan in accordance with the Minister’s final planning position statement and submit the same for the Minister’s final approval<
(l) Upon such approval the Authority shall publish the subsidiary plan together with its own planning position statements and those of the Minister together with the advice of the Appeals Board given in terms of paragraph (n), if any, and together with the statements, responses, documentation and studies referred to in the preceding paragraphs<
(m) where the subsidiary plan or any part thereof extends the scope of or is in conflict with the structure plan, the Minister shall comply with the provisions of articles 18 to 22 with regard to such subsidiary plan or any part thereof, provided that those parts of the subsidiary plan that do not extend the scope of or are not in conflict with the structure plan shall come into force on the date of approval by the Minister<
(n) if doubt arises as to which procedure should be followed in respect of a subsidiary plan or as to whether a subsidiary plan or a planning position statement extend the scope of, or are in conflict with, the substance of the structure plan, the matter may be referred at any time by the Authority or by the Minister to the Appeals Board, provided that where the Authority is of the opinion that the Minister’s final planning position statement extends the scope of or is in conflict with the substance of the structure plan, it may refer the matter to the Appeals Board within one month from the date of receipt of the Minister’s final planning position statement. The Appeals Board shall rule within one month from the date of referral to it of the matter as to which procedure shall apply and the decision of the Board shall be final.
C 103
C 104

Amendment of article 32 of the principal Act.

6. Sub-article (5) of article 32 of the principal Act shall be substituted with the following>–
“(5) (a) Any person may declare an interest in a development and, on the basis of issues relevant to planning, make preliminary representations on the development. Such declaration of interest shall be in writing and is to be received by the Authority within a period of twenty working days from the publication of the notice referred to in subarticle (4) hereof, provided that such period may be shortened to five working days in urgent cases as may be indicated in the publication. Representations by registered interested parties may be submitted to the Authority at any time during the processing of the application.
(b) During the processing of the application, the Authority shall consider all representations made by interested registered parties provided that>
(i) the representation includes justification based on planning grounds<
(ii) that the development permit application report has not been concluded by the case officer dealing with the application<
(iii) the intention of the registered interested party to submit representation does not result in a delay in the processing of the application.
(c) The Authority or the Commission shall inform the registered interested parties where fresh plans have been filed and the registered interested party shall be invited to attend at the Authority’s or the Commission’s sitting when such application shall be discussed.
Provided that such submissions may be made in any format deemed appropriate by the Authority, and shall include submissions received by post or by hand and electronic submissions>
Provided further that if the last day of for submissions under paragraphs (a) or (c) above is a public holiday or a day when the offices of the Authority are closed for the public, the time limit for such submissions shall be deemed to expire on the next following working day.”.
7. Immediately after the first proviso in sub-article (2) of article
33 of the principal Act, there shall be inserted the following new proviso>–
“Provided further that the execution and validity of a permit in case of a development in an area which falls outside areas designated for development as defined in the Structure Plan or in any other plan, or in a scheduled property or a development which involves the demolition of a facade in a Category A Urban Conservation Area, or in a Special Area of Conservation shall be automatically suspended and no works as approved by the said development permit may commence before the lapse of the time period established in paragraph (1) of the Third Schedule of the Act, and shall remain so suspended until the Planning Appeals Board appoints its first hearing on an appeal from such a permit, if any, under the provisions of article 15B(3).”
8. Sub-article (2) of article 35 of the principal Act shall be amended as follows>–
(a) the words “for public inspection” shall be deleted<
(b) in paragraph (c) thereof, for the words “planning statements and traffic impact” there shall be substituted the words “planning statements, project description statements and traffic impact”< and<
(c) immediately after paragraph (c) thereof, the following shall be inserted>–
“(d) and other relevant information< under those terms and conditions as the Minister may prescribe by Regulations.”
9. In sub-article (3) of article 37 of the principal regulations, for the words “the objectors” there shall be substituted the words “the registered interested parties”.
10. Sub-article (7) of article 52 of the principal Act shall be amended as follows>–
(a) immediately after the word “Provided” in the proviso to this sub-article there shall be inserted the word “further”<
(b) immediately after the words “ has not been paid” in the proviso to this sub-article there shall be inserted the following words “or if the application is to regularize a development which exceeds
C 105

Amendment of article 33 of the principal Act.

Amendment of article 35 of the principal Act.

Amendment of article 37 of the principal Act.

Amendment of article 52 of the principal Act.

C 106
the approved footprint or, increases the approved volume of the building and is not part of a registered livestock farm and is carried out after May 2007 in an area which falls outside areas designated for development as defined in the Structure Plan or in any other plan, or in a scheduled property or in a Special Area of Conservation
” < and
(c) immediately before the proviso to this sub-article, there shall be inserted the following new proviso>–
“Provided that if the notice refers to development which exceeds the approved footprint or, increases the approved volume of the building and is not part of a registered livestock farm and is carried out after May 2007 in an area which falls outside areas designated for development as defined in the Structure Plan or in any other plan, or in a scheduled property or in a Special Area of Conservation, the operation of the notice, shall not be suspended pending the final determination of the application.”

Objects and Reasons

The object of this Bill is to amend the Development Planning Act in order to further strengthen law enforcement in Outside Development Zones. This will discourage any illegal developments. The amendments also enhance the planning procedure by making it more transparent by, inter alia, strengthening the right of appeal for registered interested parties and by further enhancing the public consultation process in relation to the subsidiary plans.