104Hearing in respect of amendment of plans

104 Hearing in respect of amendment of plans

(1)  At the end of 28 days after the last notice is served or the last petition is served as required by section 103 (2) or (3) , the council –

(a) may, if no person has asked to be heard in opposition, cause the amendment to be made; or

(b) if a person has asked to be heard, is to appoint a day for hearing any petitioner and those persons who have asked to be heard.

(2)  A hearing is to be by the council or a council committee who may –

(a) hear persons who have asked to be heard after the period referred to in subsection (1) ; and

(b) [Section 104 Subsection (2) amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008] obtain the assistance of legal practitioners, architects, engineers and surveyors.

(3)  On the conclusion of the hearing, the council may –

(a) cause the amendment to be made with or without modification; and

(b) require as a condition of so doing that any person who benefits the amendment is to make compensation in money or land to a person who is injured by it.

(4)  The council may, with the consent of all persons concerned, act as provided in subsection (3) .

(5)  The Recorder of Titles may call in and cancel or correct any certificate of title affected by amendments.