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Town and Country Planning Act · s 26

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s 26Conditional permission

(1)

All or any of the following conditions may be imposed on the grant under section 25(4) of any planning permission or conservation permission in respect of any land —

(a)

that the permission is granted for a specified period;

(b)

that any work shall be commenced by a specified time;

(c)

restrictions as to the height, design, appearance and siting of buildings;

(d)

that subdivision or consolidation of the land is prohibited;

Town and Country Planning 26

(e)

that security shall be placed with such statutory authority as the Planning Authority may specify to secure compliance with the requirements of that statutory authority;

(f)

that the title of any part of the land shall be transferred free from encumbrances to the State or any public authority;

(g)

that such connecting structures (whether or not within the land) as the Planning Authority considers necessary are to be provided, maintained, kept open and accessible for use by the public or any occupier or other user of the land and any other land adjoining or in the locality; and

(h)

that the permission shall supersede any previous permission given by the Planning Authority to the applicant notwithstanding anything in section 29.

(2)

The following conditions may also be imposed on the grant of any conservation permission under section 25(4) —

(a)

requirements for compliance with any conservation guidelines or any other requirements relating to conservation; or

(b)

requirements for making good of any damage caused to the building by any works after the works are completed.

(3)

Any person who fails to comply with any condition imposed on any planning permission or conservation permission is guilty of an offence and liable on conviction —

(a)

to a fine not exceeding $200,000; and

(b)

in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part thereof during which the offence continues after conviction.

(4)

Where any person fails to comply with any condition imposed on any planning permission or conservation permission, the Planning Authority may cancel the relevant permission.

(5)

In this section, “connecting structure” means any underpass, subway, bridge or other structure, whether under, above or on the ground and whether for pedestrians or vehicles, linking or connecting a building with

Town and Country Planning another or a building with any public facility or street, and includes escalators, travelators and other facilities.