Section 117: Application for Building and Land Use Permit

117. Application for Building and Land Use Permit (1) The authority for execution and enforcement of the Building Control Act and Town and Country Planning Act shall be the Municipal City Council, Municipal Town Council or District Council of the respective city, town or district where the relevant building, structure or tenement is to be found or where the land is to be developed. (2) Every person who intends to— (a) commence the construction or demolition of a building, or effect extensive alterations, additions or repairs to an existing building; (b) carry out development of land; or (c) carry out development, including demolition of a building, in the Buffer Zones, shall apply to the Municipal City Council, Municipal Town Council or District Council, as the case may be, for an Outline Planning Permission or a Building and Land use Permit. (2A) Subsection (2) shall not apply to a person who intends to carry out such classified trade as may be prescribed. (3) Every application for a Building and Land Use Permit shall be in accordance with guidelines issued under— (a) the Building Control Act; (b) the Town and Country Planning Act; (c) the Planning and Development Act; (d) the Environment Protection Act; and (e) the Mauritius Fire and Rescue Service Act. (3A) A local authority having access to the Central Business Registration Database (CBRD) under the Business Registration Act and to the Central Population Database under the Civil Status Act shall not require an applicant to submit or produce his National Identity Card or, where the applicant is a company, its certificate of incorporation. (4) (a) The Chief Executive shall, pursuant to an application made under subsection (2) or under section 6A of the Town and Country Planning Act, forward the application to— (i) the Permits and Business Monitoring Committee; and [Issue 9] L18 – 70 Revised Laws of Mauritius (ii) the Ministry responsible for the subject of health, the Central Electricity Board, the Central Water Authority, the Mauritius Fire and Rescue Service, the Waste Water Management Authority or such other authority as may be prescribed, in case a clearance is required from any of those authorities to process the application and collect and transfer, in such manner as may be prescribed, such fees as may be applicable. (b) Where an application under paragraph (a) is made in respect of a building, or land found in the Buffer Zones, it shall be forwarded by the Permits and Business Monitoring Committee to the Technical Committee. (c) The Technical Committee shall assess every application forwarded under paragraph (b) and submit its recommendations to the Permits and Business Monitoring Committee. (d) The Technical Committee shall, in assessing an application under paragraph (c), refer to the provisions of the Aapravasi Ghat Trust Fund Act, the Building Control Act, the Planning and Development Act, the Town and Country Planning Act, and any planning policy guidance and guidelines issued under those Acts. (5) On receipt of an application under subsection (4), the Chief Executive of the Municipal City Council, Municipal Town Council or District Council or his representative shall— (a) not later than 8 working days from the date of receipt, seek from the applicant any additional information, particulars or documents in relation thereto; and (b) on the effective date, issue to the applicant an acknowledgement receipt in respect of the application. (6) The Permits and Business Monitoring those Acts. (5) On receipt of an application under subsection (4), the Chief Executive of the Municipal City Council, Municipal Town Council or District Council or his representative shall— (a) not later than 8 working days from the date of receipt, seek from the applicant any additional information, particulars or documents in relation thereto; and (b) on the effective date, issue to the applicant an acknowledgement receipt in respect of the application. (6) The Permits and Business Monitoring Committee shall process every application for an Outline Planning Permission or a Building and Land Use Permit, having regard to the provisions of the Building Control Act, the Mauritius Fire and Rescue Service Act, the Planning and Development Act and the Town and Country Planning Act and any guidelines issued under those Acts. (6A) (a) An authority referred to in subsection (4) (a) (ii) shall, within 5 working days of receipt of the application from the Chief Executive, give its clearance. (b) Where the authority fails to give its clearance within the time specified in paragraph (a), the clearance shall be taken to have been obtained. (6B) The Permits and Business Monitoring Committee may, in the course of the processing of an application under subsection (6), request the applicant to attend a meeting of the Committee, within the time limit referred to in subsection (7) or (8), as the case may be, for the purpose of giving such clarification or explanation relating to the application as the Committee may determine. L18 – 71 [Issue 9] Local Government Act (7) With the exception of an application under subsection (8) and subject to subsections (9) and (10), the Permits and Business Monitoring Committee shall, within 14 working days of the effective date of receipt of the application— (a) issue to the applicant an Outline Planning Permission or a Building and Land Use Permit, as the case may be, where it is satisfied— (i) that the application is in accordance with the Acts and the guidelines referred to in subsection (6); and (ii) in the case of an application for a Building and Land Use Permit relating to a scheduled undertaking, that there is, in relation to that undertaking, an approved preliminary environmental report or EIA licence under the Environment Protection Act; or (b) notify the applicant, in writing, that the application has not been approved and give the reasons thereof. (8) Subject to subsection (9), where an application for an Outline Planning Permission or a Building and Land Use Permit is made by a microenterprise or small enterprise registered under the Small and Medium Enterprises Development Authority Act, the Permits and Business Monitoring Committee shall, within 3 working days of the effective date of receipt of the application— (a) issue to the applicant an Outline Planning Permission or a Building and Land Use Permit where it is satisfied— (i) that the application is in accordance with the Acts and the guidelines referred to in subsection (6); and (ii) in the case of an application relating to an undertaking, that there is, in relation to that undertaking, an approved preliminary environmental report or EIA licence under the Environment Protection Act; or (b) notify the applicant in writing that the application has not been approved and give the reasons thereof. (9) Except with the approval of the Minister, no Outline Planning Permission or Building and Land Use Permit shall be issued for any development of land, constr ubsection (6); and (ii) in the case of an application relating to an undertaking, that there is, in relation to that undertaking, an approved preliminary environmental report or EIA licence under the Environment Protection Act; or (b) notify the applicant in writing that the application has not been approved and give the reasons thereof. (9) Except with the approval of the Minister, no Outline Planning Permission or Building and Land Use Permit shall be issued for any development of land, construction of a building or extensive alterations, or additions or repairs to an existing building for use as a place of public worship. (10) (a) Every Outline Planning Permission or Building and Land Use Permit shall be issued subject to such conditions as the Municipal City Council, Municipal Town Council or District Council may determine and on payment of such fee as may be prescribed by regulations made by the Council. (b) A Municipal City Council, Municipal Town Council or District Council may, subject to the approval of the Minister, remit the whole or part of the fee payable referred to in paragraph (a) in respect of construction of immovable property specified in Part II of the Tenth Schedule. [Issue 9] L18 – 72 Revised Laws of Mauritius (11) (a) Subject to paragraph (b), where an applicant is not issued with a Building and Land Use Permit or is not notified that his application has not been approved under subsection (7) or (8), as the case may be, within 2 working days of the expiry of the due date, the application shall, on payment of the fee referred to in subsection (10), be deemed to have been approved by the Municipal City Council, Municipal Town Council or District Council and the acknowledgement receipt, together with the receipt acknowledging payment of the fee, shall be deemed to be the Building and Land Use Permit. (b) Paragraph (a) shall not apply to an application for an Outline Planning Permission or a Building and Land Use Permit referred to in subsection (4) (b), (9) or (12). (12) (a) — (b) The Minister— (i) shall have a droit de regard on any decision or recommendation made by the Permits and Business Monitoring Committee; and (ii) may direct a local authority to refer a particular application made to it for determination by him where he considers that it is necessary or expedient in the public interest to do so. (13) The time limit specified in subsection (7) or (8) shall not apply to an application for an Outline Planning Permission or a Building and Land Use Permit referred to in subsection (4) (b), (9) or (12). (14) Any person aggrieved by a decision of a Municipal City Council, Municipal Town Council or District Council under subsection (7) (b), (8) (b) or (12) may, within 21 days of receipt of the notification, appeal to the Environment and Land Use Appeal Tribunal established under section 3 (1) of the Environment and Land Use Appeal Tribunal Act. (15) In this section— “Buffer Zones” has the same meaning as in the Aapravasi Ghat Trust Fund Act; “planning policy guidance” has the same meaning as in the Aapravasi Ghat Trust Fund Act. [S. 117 amended by s. 8 (2) of Act 5 of 2012 w.e.f. 1 October 2012; s. 36 (2) (b) of Act 9 of 2012 w.e.f. 15 March 2013; s. 34 (a) of Act 9 of 2015 w.e.f. 14 May 2015; s. 27 (b) of Act 27 of 2013 w.e.f. 1 July 2016; s. 32 (i) of Act 18 of 2016 w.e.f. 7 September 2016; s. 16 (a) of Act 4 of 2017 w.e.f. 20 May 2017.] 118. — [S. 118 repealed by s. 27 (c) of Act 27 of 2013 w.e.f. 21 December 201 Trust Fund Act; “planning policy guidance” has the same meaning as in the Aapravasi Ghat Trust Fund Act. [S. 117 amended by s. 8 (2) of Act 5 of 2012 w.e.f. 1 October 2012; s. 36 (2) (b) of Act 9 of 2012 w.e.f. 15 March 2013; s. 34 (a) of Act 9 of 2015 w.e.f. 14 May 2015; s. 27 (b) of Act 27 of 2013 w.e.f. 1 July 2016; s. 32 (i) of Act 18 of 2016 w.e.f. 7 September 2016; s. 16 (a) of Act 4 of 2017 w.e.f. 20 May 2017.] 118. — [S. 118 repealed by s. 27 (c) of Act 27 of 2013 w.e.f. 21 December 2013.]