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]](#endnote-20). S. 52(1B) inserted by No. 86/1989 s. 13. (1B) Sections 55 to 57 do not apply if the responsible authority decides under subsection (1A) to refuse to grant the permit[[20]](#endnote-21). S. 52(1C) inserted by No. 86/1989 s. 13. (1C) Section 65(1) applies to a decision to refuse to grant a permit under subsection (1A) as if the words "and each objector" were deleted[[21]](#endnote-22). S. 52(1D) inserted by No. 6/2025 s. 137. (1D) The responsible authority must have regard to any guidelines issued by the Minister under section 52A— (a) in considering, under subsection (1)(a), whether the grant of a permit would not cause material detriment to a person; and (b) in considering, under subsection (1)(d), whether the grant of the permit may cause material detriment to a person. (2) A notice under subsection (1)(d) may be given— (a) in all or any of the following ways— (i) by placing a sign on the land concerned; (ii) by publishing a notice in newspapers generally circulating in the area in which the land is situated; (iii) by giving the notice personally or sending it by post; or (b) in any other way that the responsible authority considers appropriate. S. 52(2A) inserted by No. 128/1993 s. 13(2), amended by No. 3/2013 s. 75(2). (2A) An applicant may give notice under this section, if, within 10 business days after receiving the application, the responsible authority has not told the applicant— (a) whether or not the applicant is required to give notice under this section; and (b) the persons (if any) it requires to be notified under subsection (1)(d). S. 52(2B) inserted by No. 128/1993 s. 13(2). (2B) It is sufficient notice for the purposes of this section if an applicant to whom subsection (2A) applies— S. 52(2B)(a) amended by No. 100/2000 s. 7(4). (a) gives the notice required by subsection (1)(a), (b), (c) (ca) and (cb) and subsection (1AA); and (b) gives notice in accordance with subsection (2)(a)(i) and (ii). (3) The responsible authority may give any further notice that it considers appropriate of an application for a use or development which is likely to be of interest or concern to the community. S. 52(4) inserted by No. 128/1993 s. 13(3), amended by No. 100/2000 s. 7(5). (4) A planning scheme may exempt any class or classes of applications from all or any of the requirements of subsection (1) except paragraphs (ca) and (cb). S. 52(5) inserted by No. 128/1993 s. 13(3). (5) An exemption may be made subject to any other requirements as to notice that are set out in the planning scheme in respect of that class of applications. S. 52(6) inserted by No. 128/1993 s. 13(3). (6) If an application for a permit could fall within more than one class of applications under subsection (4), the notice requirements relating to each class of applications must be complied with. S. 52A inserted by No. 6/2025 s. 138.