Town and Country Planning Act · 2022 Revised Edition · Part · Planning, Subdivision, Consolidation and Conservation of Land
25. Local Plan
Official textFrom Attorney General's Chambers, unchanged
Subject to subsection (2), in determining an application for written permission, the Planning Authority shall act in conformity with the provisions of the Master Plan, any District Plan or any Local Plan whichever is applicable.
written permission
“written permission” means a planning permission, subdivision permission, consolidation permission or conservation permission as the case may be, granted by the Planning Authority and includes any such permission granted or issued by electronic transmission or in a medium other than paper and authenticated in such manner as the Planning Authority may determine;
Where the Minister approves, the Planning Authority need not act in accordance with subsection (1) in any of the following circumstances —
Minister
“Minister” means the Minister responsible for town and country planning;
the land to which the application relates (referred to in this subsection as the relevant land) is or will be required for any public purpose or for the provision of any utility services or infrastructural, social or transportation facility;
the relevant land, or its locality, is the subject of a planning, transportation, conservation or preservation study being carried out by the Planning Authority or any other public authority;
the provisions of the Master Plan, the District Plan or the
Local Plan in so far as it relates to the relevant land, or its locality, is being reviewed by the Planning Authority;
a proposal to amend the provisions of the Master Plan, the
District Plan or the Local Plan in so far as it relates to the relevant land, or its locality, has been submitted to the Minister for approval under section 12, 16 or 20; or
the Planning Authority is of the view that the development proposed in the application is incongruent with the developments on land adjoining the relevant land or other land in the locality.
Town and Country Planning
Where subsection (2) applies, the Planning Authority may determine the application in the manner as the Minister may approve.
Planning Authority
“Planning Authority”, in relation to this Act or any Part or provision of this Act, means the person or persons appointed under section 6(1) to be responsible for the operation of this Act or that Part or provision;
Subject to any regulations, the Planning Authority may —
grant written permission, either unconditionally or subject to such conditions as he thinks fit, including those referred to in section 26; or
refuse written permission.
Where written permission is granted subject to conditions or is refused, the Planning Authority shall provide reasons in writing for imposing the conditions or refusing the application, as the case may be.
When an application for planning permission or conservation permission is made to the Planning Authority in relation to any land, the application shall supersede any previous application for planning permission or conservation permission relating to the same land which remains undetermined.
planning permission
“planning permission” means permission referred to in section 23(2);
Unless otherwise approved by the Minister in writing, the planning permission or conservation permission of the Planning Authority shall be a condition precedent to the consideration by a licensing authority of any application for the issue of a licence for any purpose involving the development of land.
conservation permission
“conservation permission” means permission referred to in section 23(4);
Terms defined in s 2
conservation
Defined · s 2“conservation” means the preservation, enhancement or restoration of — (i) the character or appearance of; and (ii) the interior and exterior of any building in, a conservation area;
conservation permission
Defined · s 2“conservation permission” means permission referred to in section 23(4);
District Plan
Defined · s 2“District Plan” means a land use plan for each of the administrative districts;
land
Defined · s 2“land” includes buildings, land covered by water and any estate or interest in or right over land;
Minister
Defined · s 2“Minister” means the Minister responsible for town and country planning;
Planning Authority
Defined · s 2“Planning Authority”, in relation to this Act or any Part or provision of this Act, means the person or persons appointed under section 6(1) to be responsible for the operation of this Act or that Part or provision;
planning permission
Defined · s 2“planning permission” means permission referred to in section 23(2);
public purpose
Defined · s 2“public purpose” means any land needed for the purposes of carrying out the land provisions of an approved development plan and such land is deemed to be land for a public purpose as provided in section 3(1) of the Land Acquisition Act;
written permission
Defined · s 2“written permission” means a planning permission, subdivision permission, consolidation permission or conservation permission as the case may be, granted by the Planning Authority and includes any such permission granted or issued by electronic transmission or in a medium other than paper and authenticated in such manner as the Planning Authority may determine;
Part
Enforcement
Part
Recovery of Moneys
Part