96AApplication for permit when amendment requested

96A Application for permit when amendment requested

S. 96A(1) substituted by No. 100/2000 s. 13(1).

(1) A person who requests a planning authority to prepare an amendment to a planning scheme may also apply to the planning authority for—

(a) a permit for any purpose for which the planning scheme as amended by the proposed amendment would require a permit to be obtained; or

(b) if the amendment provides for the removal or variation of a registered restrictive covenant, a permit for a use or development which would, if the restrictive covenant were not removed or varied, result in a breach of that registered restrictive covenant.

S. 96A(1A) inserted by No. 6/2025 s. 131(1).

(1A) For the purposes of subsection (1), if the planning authority is a municipal council, the request to prepare the amendment must be made under section 16A.

S. 96A(2) amended by No. 6/2025 s. 131(2).

(2) Subject to subsection (2A), the planning authority may agree to consider the application for the permit concurrently with the preparation of the proposed amendment.

S. 96A(2A) inserted by No. 6/2025 s. 131(3).

(2A) If the planning authority is a municipal council, it must not agree to consider the application for the permit concurrently with the preparation of the proposed amendment unless it has made a decision under section 16B(a) to apply to the Minister for authorisation to prepare the amendment, with or without changes, under section 16F.

(3) An application may be made for a permit under this section even if it could not be granted under the existing planning scheme.

(4) The application for the permit must—

S. 96A(4)(aa) inserted by No. 40/2014 s. 34(1).

(aa) if the permit is required to undertake development, state the estimated cost of the development for which the permit is required; and

(a) be accompanied by the prescribed fee; and

S. 96A(4)(b) amended by No. 100/2000 s. 13(2).

(b) be accompanied by the information required by the planning scheme; and

S. 96A(4)(c) inserted by No. 100/2000 s. 13(2).

(c) if the land is burdened by a registered restrictive covenant, be accompanied by a copy of the covenant; and

S. 96A(4)(d) inserted by No. 100/2000 s. 13(2).

(d) if the application is for a permit to allow the removal or variation of a registered restrictive covenant or if the grant of the permit would authorise anything which would result in a breach of a registered restrictive covenant, be accompanied by—

(i) information clearly identifying each allotment or lot benefited by the registered restrictive covenant; and