52Notice of application

52 Notice of application

(1) Unless the responsible authority requires the applicant to give notice, the responsible authority must give notice of an application in a prescribed form—

S. 52(1)(a) amended by Nos 53/1988 s. 45(Sch. 3 item 57) (as amended by No. 47/1989 s. 23(2)), 86/1989 s. 4(2)(a), 128/1993 s. 13(1).

(a) to the owners (except persons entitled to be registered under the Transfer of Land Act 1958 as proprietor of an estate in fee simple) and occupiers of allotments or lots adjoining the land to which the application applies unless the responsible authority is satisfied that the grant of the permit would not cause material detriment to any person; and

(b) to a municipal council, if the application applies to or may materially affect land within its municipal district; and

(c) to any person to whom the planning scheme requires it to give notice; and

S. 52(1)(ca) inserted by No. 100/2000 s. 7(1).

(ca) to the owners (except persons entitled to be registered under the Transfer of Land Act 1958 as proprietor of an estate in fee simple) and occupiers of land benefited by aregistered restrictive covenant, if anything authorised by the permit would result in a breach of the covenant; and

S. 52(1)(cb) inserted by No. 100/2000 s. 7(1), amended by No. 10/2005 s. 3(Sch. 1 item 17.2).

(cb) to the owners (except persons entitled to be registered under the Transfer of Land Act 1958 as proprietor of an estate in fee simple) and occupiers of land benefited by aregistered restrictive covenant, if the application is to remove or vary the covenant; and

(d) to any other persons, if the responsible authority considers that the grant of the permit may cause material detriment to them.

S. 52(1AA) inserted by No. 100/2000 s. 7(2).

(1AA) If an application is made for a permit to remove or vary a registered restrictive covenant or for a permit which would authorise anything which would result in a breach of a registered restrictive covenant, then unless the responsible authority requires the applicant to give notice, the responsible authority must give notice of the application in a prescribed form—

(a) by placing a sign on the land which is the subject of the application; and

(b) by publishing a notice in a newspaper generally circulating in the area in which that land is situated.

S. 52(1A) inserted by No. 86/1989 s. 13, amended by No. 100/2000 s. 7(3).

(1A) The responsible authority may refuse an application and, if it does so, it does not have to comply with subsections (1) and (1AA)[19].