56Minor amendments of permits issued by a planning authority

56 Minor amendments of permits issued by a planning authority

(1)  [Section 56 Subsection (1) amended by No. 24 of 2014, s. 43, Applied:01 Jan 2015] The owner of land, or a person with the consent of the owner, may request the planning authority in writing to amend a permit which applies to that land and which is a permit issued by the planning authority.

(1A)  [Section 56 Subsection (1A) inserted by No. 16 of 2020, s. 8, Applied:30 Nov 2020] A planning authority that receives a request under subsection (1) to amend a permit –

(a) must, within the 28-day period after the request was received, amend, or refuse to amend, the permit; and

(b) must, within 7 days –

(i) after amending the permit, comply with subsection (3) ; or

(ii) after refusing to amend the permit, give notice of the refusal to the person who made the request.

(2)  The planning authority may amend the permit if it is satisfied that the amendment –

(aa) [Section 56 Subsection (2) amended by No. 24 of 2014, s. 43, Applied:01 Jan 2015] is not an amendment of a condition or restriction, specified in the permit, that is required, imposed or amended by the Appeal Tribunal; and

(a) [Section 56 Subsection (2) amended by No. 24 of 2014, s. 43, Applied:01 Jan 2015] does not change the effect of a condition or restriction, specified in the permit, that is required, imposed or amended by the Appeal Tribunal; and

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

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

(2A)  An amendment of a condition or restriction specified in a permit is not to be taken to contravene by reason only that other conditions or restrictions have been specified in the permit, or amended, by the Appeal Tribunal.