HuUding Levy Rates (Amendment) Reguladons, 1998

L.N. 186 of 1998

DEVELOPMENT PLANNING ACT, 1992

(ACT NO.1 OF 1992)

HuUding Levy Rates (Amendment) Reguladons, 1998

IN exercise of the powers conferred by sections 41.42 and 60 of

the Development Planning Act, 1992, the ~lanniDg Authority. with the

concurrence of the Deputy Prime Minister and Minister of Foreign

Affairs and the Environment and of the Minister of Finance and

Commerce, has made the following regulations:-

These regulations may be cited as the Building Levy Rates

(Amendment) Regulations, 1998 and shall be read and consttued as

one with the Building Levy RatesRegulations,l996,hereinafterreferr<d

to as '"the principal regulations".

In paragraph (I) of regulation 2,afterthedefinition of''terraced

house" there shall be added the following new definition

.. "vicinity" means within 500 metres of the original site;",

Schedule One to the principal regulations shall be amended

as follows

(a) after item (v) orsul>-paragraph (5)ofparagraph 1 thereof,

there shall be added the following new items

Applications for approval of minor amendments

"(w)

to development permissions

Lm15

(x) Notifications to sanction development which has

been carried out (and so can not be notified in accordance

with the General Development Order) but which otherwise

would have been pennined development in terms of the

General Development Order (except where the works

require a response from the Authority. in which case a

formal application for development permission is

required)

Lm20";

(b) in subparagraph (a) of paragraph 7. for the words

"subparagraphs (b) and (c)", there sball be substituted the words

"subparagraphs (b), (c) and (d)"; and

(c) immediately after subparagraph (c) ofparagraph 7, there

shall be added the following new paragraph

"(d)

Where an application is submitted for new

development on a site (described as the new application for

the purpose of this subparagraph) and the applicant states in

writing that -

.

an application for development of the same

(i)

type had previously been submitted by the applicant on

another site (described as the original site forthe purpose

of this subparagraph) in the vicinity of the new site and

been approved; and

(ii)

the applicant bas no interest in the

development of the original site and will not exercise

the permission;

the permit on the original site shall be cancelled by the

Authority and 25~ of the Development Pennit Fee paid on

the original application or Lm60, whichever is the greater,

shall be retained by the Authority and the remainder refunded

Provided that where the new application is withdrawn

by the applicant prior to its detennination, the amount of the

Development Pennit Fee refunded on the original application

shall be deducted from the Development Pennit Fee to be

refunded on the new application, or, where the amount to be

refunded on the new application is less than that refunded on

the original application, the applicant shall pay the balance

so that the Development Pennit Fee due on the original

application is fully paid;

Provided further that this subparagraph shall apply to

applications for development pennission submitted after the

28th October, 1992, on written application to the Authority

by the applicant made within six months of the date on which

these regulations come into force.".

Immediately after paragraph II of Schedule Two to the AmcndI SebediIk

=.principaI

principal regulations there shall be added the following new paragraph

"'12. Where an application is submitted for new development

on a site (described as the new application for the purpose afthis

paragraph) and the applicant states in writing that -

an application for development of the same type

(i)

had previously been submitted by the applicant on another

site (described as the original site for the purpose of this

paragraph) in the vicinity of the new site and had been

approved; and

(ii) the applicant has no interest in the development of

the original site and will not exercise the pennission; and

the Infrastructure Services Contribution paid in

(iii)

relation to the application on the original site should be taken

into account in the calculation of the Infrastructure Services

Contribution due on the application for the new site,

the permit on the original site shall be cancelled by the Authority

and the Infrastructure Services Contribution shall be deemed

not to have been paid on the original site, in accordance with

section 43 of the Act The Infrastructure Services Contribution

paid on the original site shall be taken into account in the

calculation of the Infrastructure Services Contribution to be paid

in relation to the new application, and there shall be paid an

additional feeofLm 10 in respe<:tofthe administrative expenses

incurred by the Authority in relation to the application

Provided that this subparagraph shall apply to applications

for development pennission submitted after the 28th October,

1992, on written application to the Authority by the applicant

made within six months of the date on which these regulations

come into force, and the applicant shall be refunded the amount

of the Infrastructure Services Contribution paid on the original

site, less the administrative fee provided for above....