Subsidiary Plans) Amendment Regulations, 2017

L.N. 103 of 2017

DEVELOPMENT PLANNING ACT

(CAP. 552)

Development Planning (Procedure for Minor Modifications to

Subsidiary Plans) Amendment Regulations, 2017

IN EXERCISE of the powers conferred by articles 54 and 84 of

the Development Planning Act, the Parliamentary Secretary for

Planning and the Simplification of Administrative Processes, after

consultation with the Planning Authority, has made the following

regulations

The title of these regulations is the Development Planning Citation.

(Procedure for Minor Modifications to Subsidiary Plans) Amendment S.L. 552.07.

Regulations, 2017 and these regulations shall be read and construed

as one with the Development Planning (Procedure for Minor

Modifications to Subsidiary Plans) Regulations, hereinafter referred

to as "the principal regulations".

Regulation 7 of the principal regulations shall be Amends

substituted by the following

(1) For those applications which shall be

published for public consultation after the 3rd of April

2016 and involve a change and, or establishment of

zoning as provided in article 54(2)(b) of the Act, the

Authority shall publish such proposal and invite

representations on the said application within a specified

period of not less than six weeks. The Authority shall

then decide the application after taking into consideration

all representations submitted to it and may impose any

condition it deems appropriate which shall be justified in

the minutes of the relative file.

(2) (i)

If the Authority agrees with the

application, as submitted or as amended through the

imposition of conditions, it shall refer it to the Minister

for his approval.

(ii) Where the Minister agrees with the

application as referred to him, he shall approve it and the

Authority shall forthwith publish the final decision and

refer the relevant documentation to the applicant.

(iii) Where the Minister does not agree with the

application as referred to him, he shall prepare a position

statement informing the Authority of the changes

proposed by the Minister and the Authority shall

forthwith amend the application in accordance with the

Minister’s position statement and submit the same for the

Minister’s final approval. The Authority shall forthwith

publish the final decision and refer the relevant

documentation to the applicant.

(3) If the Authority disagrees with the application,

it shall publish a decision notice which shall include the

reasons for refusal based on planning and legal grounds

and notify the applicant of the decision.".

€0.18