92Amendments to final plans

92 Amendments to final plans

(1)  If the Recorder of Titles under section 89 (5) requires an amendment to a final plan, the council –

(a) if it considers that the amendment should not be approved, is to withdraw the plan and return it to the owner; or

(b) in any other case, notify the Recorder and the owner that it does not oppose the amendment.

(2)  [Section 92 Subsection (2) amended by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003] If an owner is notified under subsection (1) that the council does not oppose an amendment, the owner may–

(a) agree to the amendment; or

(b) request the council to withdraw the plan and the council is to comply with that request; or

(c) require the Recorder of Titles to specify in writing the grounds for the refusal to accept the plan without amendment and thereupon section 144 of the Land Titles Act 1980 applies as if the grounds of refusal were given under subsection (1) of that section .

(3)  If the owner agrees to an amendment under subsection (2) , the owner is to notify the council and the Recorder of Titles accordingly.

(4)  If an amendment is required, the council and the owner may put forward other proposals and the Recorder of Titles may amend or vary the requirement, or withdraw it and substitute another.

(5)  The Recorder may notify the owner and the council that the plan is affected and is to return the plan to the council if the Recorder of Titles requires –

(a) an amendment under section 89 (5) and the owner fails for 3 months to take any action under subsection (2) , (3) or (4) ; or