Section 18: Approval of local plan
consolidated text (as at 2013). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
18. Approval of local plan
(1) Subject to this section, the Minister may approve or amend a draft
local plan.
(2) A local authority which has prepared a draft local plan in accordance
with section 17 shall submit that draft local plan to the Minister, together
with a report on any representation received under section 17 (2) and the
response made by the local authority to such representations, including the
reasons why any such representations were not accepted.
(3) The Minister shall refer every draft local plan and accompanying report submitted to him under subsection (2) to the Commission, together with
his comments and suggestions for amendments on that draft local plan.
(4) The Commission shall consider the material referred to it under subsection (3) for the purpose of making a recommendation to the Minister as to
whether that local plan should be approved.
[Issue 1] P11 – 16
Revised Laws of Mauritius
(5) In considering any draft local plan referred to it under subsection (3),
the Commission may exercise any of the powers conferred on it by section 7 (2).
(6) The Commission shall submit a report to the Minister on any draft local plan referred to it—
(a) within 28 days of its receipt of that draft local plan; or
(b) where the Commission considers that the matters in the draft
plan are of such significance that it needs more time to report on
the plan, within such time, not exceeding an additional period
of 28 days, as may be agreed between the Minister and the
Commission.
(7) The report submitted to the Minister by the Commission shall state
whether, in the opinion of the Commission, the draft local plan—
(a) complies with this Act;
(b) is consistent with—
(i) the National Development Strategy;
(ii) any relevant planning policy guidance;
(c) relates to and forms a coherent whole with any other approved
development plan applicable to the local planning area or any
contiguous local planning area;
(d) is likely to make a positive contribution to the advancement of
the economic and social development of the area of the local authority to which the draft local plan applies;
(e) should, in all the circumstances of the case, be approved with or
without such amendment as the Commission may suggest.
(8) The Minister may, after considering the report of the Commission,
approve a local plan, with or without any amendments suggested by the
Commission.
(9) The approved local plan shall be made available—
(a) for public inspection at the Ministry and the offices of the relevant local authority during normal office hours;
(b) for access on the website of the Ministry;
(c) for purchase by any member of the public.
(10) Notice that a local plan has been approved and is available for inspection shall be given in the Gazette and 2 daily newspapers.
(11) The local plan shall take effect as from the date of the publication of
the notice referred to in subsection (10) in the Gazette.
(S. 18 not in operation.)
P11 – 17 [Issue 9]
Planning and Development Act
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Questions this section answers
- Who approves a local plan after it is drafted?
- Must the Commission review a draft local plan before the Minister approves it?