96CNotice of amendment, application and permit

96C Notice of amendment, application and permit

S. 96C(1) amended by No. 28/2000 s. 8(a).

(1) A planning authority must give notice of its preparation of an amendment to a planning scheme and notice of an application being considered concurrently with the amendment under this Division—

S. 96C(1)(a) amended by No. 28/2000 s. 8(b).

(a) to every Minister, public authority and municipal council that it believes may be materially affected by the amendment or application; and

(b) 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 that it believes may be materially affected by the amendment or application; and

(c) to any Minister, public authority, municipal council or person prescribed; and

(d) to the Minister administering the Land Act 1958 if the amendment provides for the closure of a road wholly or partly on Crown land; and

(e) to the responsible authority, if it is not the planning authority; and

S. 96C(1)(f) amended by No. 100/2000 s. 14(1).

(f) 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 planning authority is satisfied that the grant of the permit would not cause material detriment to any person; and

S. 96C(1)(g) inserted by No. 100/2000 s. 14(1).

(g) 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 a registered restrictive covenant, if—

(i) the amendment or the permit would allow the removal or variation or the covenant; or

(ii) anything authorised by the permit would result in a breach of the covenant.

S. 96C(1A) inserted by No. 6/2025 s. 142.

(1A) The planning authority must have regard to any guidelines issued by the Minister under section 52A in considering—

(a) under subsection (1)(b), whether owners or occupiers of land may be materially affected by the amendment or application; and

(b) under subsection (1)(f), whether the grant of the permit would not cause material detriment to a person.

(2) A planning authority must publish a notice of the amendment and the application in a newspaper generally circulating in the area to which the amendment applies.