Schedule) Regulations, 2020

L.N. 109 of 2020

DEVELOPMENT PLANNING ACT

(CAP. 552)

Development Planning Act (Amendment to the First and Second

Schedule) Regulations, 2020

IN EXERCISE of the powers conferred by articles 84(2) and 85

(2)(i) of the Development Planning Act, the Minister responsible for

the Planning Authority, after consultation with the Planning Authority,

Executive Council, the Planning Commissions and the Planning

Board, has made the following urgent regulations:-

The title of these regulations is the Development Planning Citation.

Act (Amendment to the First and Second Schedule) Regulations, 2020

and these regulations shall be read and construed as one with the First

and Second Schedule of the Development Planning Act. hereinafter Cap. 552

referred to as "the principal Act".

The First Schedule to the principal Act shall be amended as Amends the First

Schedule to the

follows

principal Act.

(a) in item 2 thereof, immediately after the word "procedure."

there shall be added the words "It may also convene and conduct

meetings using such electronic or other viable means of

communication as it deems appropriate, in which case any reference in

this Schedule to a quorum or any reference made to presence of or

voting by the member of the Executive Council at the meeting, shall be

construed accordingly, and any such meeting held by using electronic

or other viable means of communication shall have the same effect at

law as a meeting held without such means.";

(b) in paragraph (f) of item 3 thereof, the words "may deem

appropriate." shall be substituted by the words "may deem

appropriate:" and immediately thereafter there shall be added the

following new provisos

"Provided that for such meetings in which the Executive

Council is to consider a planning control application in terms of article

54(1), (2) and (3), descheduling or a request for reconsideration of

scheduling in terms of article 57(10), the Executive Chairperson may,

where he deems appropriate, convene and conduct the meeting of the

Executive Council through such electronic or other viable means of

communication as he deems appropriate. In such case, and subject to

the powers of the Executive Chairperson in accordance with the

foregoing paragraph, the applicant or the owner (in the case of requests

for reconsideration from scheduling) and his representative, or any one

of them, any interested third party who made representations in

accordance with the provisions of any regulations made under article

54(3), or any member of the public who, in the absolute discretion of

the Executive Chairperson, is allowed to make submissions, shall be

allowed to make submissions through such electronic or other viable

means. The Executive Chairperson may take all such measures,

deemed appropriate in his discretion, to ensure the proper conduct of

the meeting by electronic or other viable means

Provided further that, in order to allow a member of the

public to participate in any such meeting held through electronic or

other viable means of communication as aforesaid, the Executive

Chairperson may, through a notice posted on the electronic portal of

the Planning Authority, require that anyone interested in participating

in the said meeting, to register such interest, in the manner therein

indicated, at least one working day before the date of the meeting, in

order to enable the Executive Chairperson to take any measure he

deems appropriate to allow the participation of the member of the

public. Nothing in this paragraph shall be interpreted as voiding or

annulling the procedure or parts thereof, including any decision taken

by the Executive Council, should any member of the public fail to

participate in the proceedings, wherever allowed to do so, due to the

failure of the electronic or other means used to conduct the meeting or

his inability to do so

Provided further that in the event that the Executive

Council conducts any such meeting of the Executive Council through

such electronic or other viable means of communication, any reference

in this Schedule to a quorum or any reference made to presence of or

voting by the members of the Executive Council at the meeting shall

be construed accordingly

Provided further that any such meeting of the Executive

Council held through electronic or other viable means of

communication in accordance with this paragraph shall have the same

effect at law as if the said meeting was not held through such means.".

In item 9 of the Second Schedule to the principal Act, the

words "may deem appropriate." shall be substituted by the words "may

deem appropriate:" and immediately thereafter there shall be added the

following new provisos

"Provided that the Chairperson may, where he deems

appropriate, convene and conduct the meeting of the Planning Board

through such electronic or other viable means of communication as he

deems appropriate, in which case, the applicant and his representative,

or any of them, and an interested third party who made representations

in accordance with the provisions of article 71(6), and any member of

the public who, in the absolute discretion of the Chairperson, is

allowed to make submissions, shall be allowed to make submissions

through such electronic or other viable means. The Chairperson may

take all such measures, deemed appropriate in his discretion, to ensure

the proper conduct of the meeting by electronic or other viable means

Provided further that, in order to allow a member of the

public to participate in the meeting held through electronic or other

viable means of communication as aforesaid, the Chairperson may,

through a notice posted on the electronic portal of the Planning

Authority, require that anyone interested in participating in the said

meeting, to register such interest, in the manner therein indicated, at

least one working day before the date of the meeting, in order to enable

the Chairperson to take any measure he deems appropriate to allow the

participation of the member of the public. Nothing in this paragraph

shall be interpreted as voiding or annulling the procedure or parts

thereof, including any decision taken by the Planning Board, should

any member of the public fail to participate in the proceedings,

wherever allowed to do so, due to the failure of the electronic or other

viable means used to conduct the meeting or his inability to do so

Provided further that in the event that the Planning Board

conducts the meeting of the Planning Board through electronic or other

viable means of communication, any reference in this Schedule to a

quorum or any reference made to presence of or voting by the

members of the Planning Board at the meeting shall be construed

accordingly

Provided further that meetings of the Planning Board held

through electronic or other viable means of communication in

accordance with this paragraph shall have the same effect at law as if

the said meetings were not held through such means.".

€0.36