sec.177Minor noncompliance with development control by-laws

sec.177 Minor noncompliance with development control by-laws

At the request in writing of a member of the principal body corporate, the principal body corporate may permit the noncompliance by an affected person with a development control by-law in respect of the land or lot specified in the request. However, the noncompliance must be of a minor nature. Where noncompliance with a development control by-law has been permitted by the principal body corporate under subsection (1) there is not a failure to comply with that by-law by reason only of that noncompliance. In this section— affected person means any of the following— the member of the principal body corporate making the request under subsection (1) ; the proprietor, mortgagee in possession, lessee or occupier of the land or lot to which the request relates. s 177 amd 2009 No. 26 s 44 (sec.177-ssec.1) At the request in writing of a member of the principal body corporate, the principal body corporate may permit the noncompliance by an affected person with a development control by-law in respect of the land or lot specified in the request. (sec.177-ssec.2) However, the noncompliance must be of a minor nature. (sec.177-ssec.3) Where noncompliance with a development control by-law has been permitted by the principal body corporate under subsection (1) there is not a failure to comply with that by-law by reason only of that noncompliance. (sec.177-ssec.4) In this section— affected person means any of the following— the member of the principal body corporate making the request under subsection (1) ; the proprietor, mortgagee in possession, lessee or occupier of the land or lot to which the request relates.

• (a) the member of the principal body corporate making the request under subsection (1) ;
• (b) the proprietor, mortgagee in possession, lessee or occupier of the land or lot to which the request relates.