43Minor amendment of permit

43 Minor amendment of permit

[Section 43 Subsection (1) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] [Section 43 Subsection (1) amended by No. 24 of 2014, s. 33, Applied:01 Jan 2015] [Section 43 Subsection (1) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] [Section 43 Subsection (1) amended by No. 24 of 2014, s. 33, Applied:01 Jan 2015] [Section 43 Subsection (2) amended by No. 84 of 1997, s. 14, Applied:01 Jan 1998] [Section 43 Subsection (2) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] [Section 43 Repealed by No. 47 of 2015, s. 10, Applied:17 Dec 2015]

(1)  An owner of land, or a person with the consent of an owner of land, may request a planning authority to amend a permit, to which a decision under section 42B(1) relates, that applies to the land.

(2)  The planning authority, on receiving a request under subsection (1) in relation to a permit to which a decision under section 42B(1) relates, may amend or refuse to amend the permit.

(3)  The planning authority may only amend under subsection (2) a permit to which a decision under section 42B(1) relates if it is satisfied that the amendment –

(a) is not an amendment of a condition or restriction, specified in the permit, that is required, imposed or amended by the Commission or the Appeal Tribunal; and

(b) does not change the effect of a condition or restriction, specified in the permit, that is required, imposed or amended by the Commission or the Appeal Tribunal; and

(c) will not cause an increase in detriment to any person; and

(d) does not change the use or development for which the permit was granted, other than a minor change to the description of the use or development.