Town and Country Planning Act · 2022 Revised Edition · Part · Planning, Subdivision, Consolidation and Conservation of Land
26. Conditional permission
Official textFrom Attorney General's Chambers, unchanged
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 —
planning permission
“planning permission” means permission referred to in section 23(2);
that the permission is granted for a specified period;
that any work shall be commenced by a specified time;
restrictions as to the height, design, appearance and siting of buildings;
that subdivision or consolidation of the land is prohibited;
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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;
that the title of any part of the land shall be transferred free from encumbrances to the State or any public authority;
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
that the permission shall supersede any previous permission given by the Planning Authority to the applicant notwithstanding anything in section 29.
The following conditions may also be imposed on the grant of any conservation permission under section 25(4) —
conservation permission
“conservation permission” means permission referred to in section 23(4);
requirements for compliance with any conservation guidelines or any other requirements relating to conservation; or
requirements for making good of any damage caused to the building by any works after the works are completed.
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 —
to a fine not exceeding $200,000; and
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.
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.
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;
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
building
“building” includes any house, hut, shed or roofed enclosure (whether used for the purpose of human habitation or otherwise) and also any wall, fence, platform, staging, gate, post, pillar, paling, frame, hoarding, slip, dock, wharf, pier, jetty, landing-stage or bridge, or any structure or foundation connected to the foregoing;
Town and Country Planning another or a building with any public facility or street, and includes escalators, travelators and other facilities.
street
“street” includes any road, square, footway or passage, whether a thoroughfare or not, over which the public has a right of way, and also the way over any public bridge, and includes also any road, footway or passage, open court or open alley, used or intended to be used as a means of access to 2 or more holdings, whether the public has a right of way thereover or not; and all channels, drains and ditches at the side of any street are deemed to be part of that street;
Terms defined in s 2
building
Defined · s 2“building” includes any house, hut, shed or roofed enclosure (whether used for the purpose of human habitation or otherwise) and also any wall, fence, platform, staging, gate, post, pillar, paling, frame, hoarding, slip, dock, wharf, pier, jetty, landing-stage or bridge, or any structure or foundation connected to the foregoing;
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);
land
Defined · s 2“land” includes buildings, land covered by water and any estate or interest in or right over land;
occupier
Defined · s 2“occupier” includes any person in actual occupation of land or premises or any person having the charge, management or control of the land or premises either on his own account or as an agent of another person, but does not include a lodger;
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);
street
Defined · s 2“street” includes any road, square, footway or passage, whether a thoroughfare or not, over which the public has a right of way, and also the way over any public bridge, and includes also any road, footway or passage, open court or open alley, used or intended to be used as a means of access to 2 or more holdings, whether the public has a right of way thereover or not; and all channels, drains and ditches at the side of any street are deemed to be part of that street;
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