TOWN PLANNING AND DEVELOPMENT ACT 1928 - SECT 24

This legislation has been repealed.

TOWN PLANNING AND DEVELOPMENT ACT 1928 - SECT 24

24 .         Objections and recommendations

        (1)         When, in the opinion of the Commission, the plan of subdivision may affect the powers or functions of any local government or public body other than the Commission, or any Government department, the Commission shall forward the plan or a copy thereof to such local government, public body, or Government department, as the case may be, for objections or recommendations.

        (2)         Any such local government, public body, or Government department receiving such plan or copy thereof shall, within 42 days, forward it to the Commission with —

            (a)         a memorandum in writing containing any objections to, or recommendations in respect of, the whole or part of that plan; and

            (b)         in the case of a local government receiving a plan or copy relating to land within the area to which an assessed scheme applies, advice of any relevant environmental condition to which the assessed scheme is subject.

        (3)         After receiving a plan or copy and accompanying memorandum and any advice of a relevant environmental condition forwarded to it under subsection (2) and considering any objections or recommendations contained in the memorandum and any such advice the Commission shall approve or refuse to approve the plan or require the applicant for approval to comply with such conditions as the Commission thinks fit to impose before approving the plan.

        (4)         The Commission is to try to deal with the plan in one of the ways mentioned in subsection (3) within the period of 90 days after the day on which the plan was submitted to the Commission for approval or within such longer period after that day as may be agreed in writing between the Commission and the applicant for approval.

        (5)         If the Commission under subsection (3) refuses to approve a plan or imposes conditions and the applicant for approval concerned is dissatisfied with any such refusal or condition, that applicant for approval may within 28 days of being notified of that refusal or condition request in writing the Commission to reconsider that refusal or condition.

        (6)         On receiving a request made under subsection (5), the Commission may by notice in writing served on the person who made that request —

            (a)         approve the plan; or

            (b)         alter or revoke the condition,

                to which that request relates or refuse that request.

        [Section 24 amended by No. 120 of 1982 s. 14; No. 92 of 1985 s. 10; No. 26 of 1986 s. 9; No. 84 of 1994 s. 62; No. 14 of 1996 s. 4; No. 23 of 1996 s. 51; No. 57 of 1997 s. 121(1).]