65GCancellation of permits

### 65G Cancellation of permits > [*\[Section 65G of Part 4 Inserted by No. 59 of 2013, s. 33, Applied:01 Feb 2015\]*](/view/html/inforce/2015-02-01/act-2013-059#GS33@EN) > > > (1)  A planning authority may cancel a permit in relation to land in the municipal area of the authority by issuing and serving a notice (a ***notice of cancellation of permit***) – > > > > > > (a) on the owner of the land; or > > > > > > > (b) on the occupier of the land, if the grounds on which the permit is cancelled relate to the use or development of the land by the occupier. > > > (2)  A permit in relation to land may only be cancelled under [subsection (1)](#GS65G@Gs1@EN) on any one of the grounds referred to in this section. > > > (3)  A planning authority has grounds for cancelling a permit in relation to land if the authority is reasonably of the opinion that the owner, or occupier, on whom an enforcement notice that is in force and relates to the land has been served under [section 65C](#GS65C@EN) , has failed to comply with, or has contravened, a requirement specified in the enforcement notice. > > > (4)  A planning authority has grounds for cancelling a permit if the authority is reasonably of the opinion that – > > > > > > (a) the permit would not have been granted; or > > > > > > > (b) different conditions to the conditions, if any, it imposed on the permit would have been imposed – > > > > if the applicant had not made a material misstatement of fact, or concealed material facts, in relation to the application for the permit. > > > (5)  A planning authority may only cancel a permit in relation to land if – > > > > > > (a) a notice of intention to cancel a permit has, under [section 65F](#GS65F@EN) , been served on – > > > > > > > > > > (i) the owner of the land; or > > > > > > > > > > > (ii) both the occupier and the owner of the land, if the occupier using or developing the land is not the owner of the land; and > > > > > > > (b) the permit is cancelled after the end of the last day of the period specified under [section 65F(2)(f)](#GS65F@Gs2@Hpf@EN) in the notice of intention to cancel a permit; and > > > > > > > (c) the authorised officer has considered any representations made under [section 65F(4)](#GS65F@Gs4@EN) by the person or persons on whom the notice of intention to cancel a permit was served; and > > > > > > > (d) the permit is to be cancelled on the same grounds as the grounds specified under [section 65F(2)(c)](#GS65F@Gs2@Hpc@EN) in the notice of intention to cancel a permit. > > > (6)  A notice of cancellation of permit issued and served on a person must – > > > > > > (a) be in writing; and > > > > > > > (b) specify the permit to which the notice relates; and > > > > > > > (c) specify that the permit is cancelled by virtue of the service of the notice; and > > > > > > > (d) specify the grounds, referred to in this section, on which the permit is cancelled; and > > > > > > > (e) contain particulars of the grounds on which the permit is cancelled, which particulars give adequate information as to why the permit is cancelled; and > > > > > > > (f) inform the person of the person's rights under this Act to appeal against the decision to cancel the permit. > > > (7)  If a notice is served under [subsection (1)](#GS65G@Gs1@EN) on a person other than an owner of the land to which the notice relates, the planning authority must notify the owner in writing of the cancellation of the permit to which the notice relates.