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. S. 96C(2A) inserted by No. 100/2000 s. 14(2). (2A) A planning authority must cause notice of an amendment providing for the removal or variation of a registered restrictive covenant to be given by placing a sign on the land which is the subject of the amendment. S. 96C(2B) inserted by No. 100/2000 s. 14(2), substituted by No. 12/2021 s. 41(1). (2B) A sign under subsection (2A) must— (a) if the planning authority intends to make a copy of the proposed permit available in person in accordance with the requirements set out in section 197B, state the place where a copy of the proposed permit under this Division may be inspected; or (b) if the planning authority intends to make a copy of the proposed permit available electronically and on request in accordance with the requirements set out in sections 197C and 197D, state— (i) the address of the planning authority's Internet site at which a copy of the proposed permit will be published; and (ii) the planning authority's contact details for making a request to inspect the proposed permit. S. 96C(3) amended by No. 100/2000 s. 14(3). (3) On the same day that it gives the last of the notices under subsections (1), (2) and (2A) or after that day, the planning authority must publish a notice of the preparation of the amendment and of the application in the Government Gazette. (4) Any notice must— (a) be given in accordance with the regulations; and (b) set a date for submissions to the planning authority which, if notice of the preparation of the amendment and the application is given in the Government Gazette, must be not less than one month after the date that the notice is given in the Government Gazette. (5) The failure of a planning authority to give a notice under subsection (1) does not prevent— (a) the adoption of the amendment by the planning authority or its submission to or approval by the Minister; or (b) the grant of a permit under this Division. (6) Subsection (5)(a) does not apply to a failure to notify an owner of land about the preparation of an amendment which provides for— (7) A planning authority may take any other steps it thinks necessary to tell anyone who may be affected by the amendment about its preparation. (8) The planning authority must give a copy of the proposed permit under this Division to each person to whom the notice of the amendment and application is given under subsection (1). S. 96C(8A) inserted by No. 100/2000 s. 14(4), substituted by No. 12/2021 s. 41(2). (8A) The planning authority must make a copy of the proposed permit under this Division available in accordance with the public availability requirements. S. 96C(8B) inserted by No. 12/2021 s. 41(2). (8B) The planning authority must make a copy of the proposed permit available under subsection (8A) until the amendment to which the proposed permit applies is approved or lapses. (9) The applicant for a permit under this Division must pay to the planning authority the cost of any notice of the amendment and the application given under this section. (10) Section 19 does not apply to an amendment of which notice is given under this section. S. 96D inserted by No. 77/1996 s. 14.