103Amendment of sealed plans

103 Amendment of sealed plans

(1)  When a plan has taken effect, it may be amended by the council –

(a) of its own motion –

(i) to do anything that the council could do under any other power subject to any conditions precedent to the exercise of the power relied on; or

(ii) to bring the plan into conformity with any change in the rights and duties of land owners made under a statutory power; or

(b) on the application of any person having an interest in land subject to the plan.

(2)  If a council acts on its own motion, it is to serve a notice in writing to all persons appearing by the registers under the Land Titles Act 1980 and the Registration of Deeds Act 1935 to have an estate or interest at law affected by the proposed amendment.

(3)  A person is to –

(a) make an application under subsection (1) by petition; and

(b) serve a copy of the petition on all persons appearing by the registers under the Land Titles Act 1980 and the Registration of Deeds Act 1935 to have an estate or interest at law affected by the proposed amendment.

(4)  Any person affected by the proposed amendment may ask to be heard in support or opposition.

(5)  If a notice is not given or a petition is not served as required by this section, subsequent proceedings are not void.