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Section 20: Review and revision of development plan

Planning and Development Act · PART III: PLANNING

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.

20. Review and revision of development plan (1) A planning authority shall keep an approved development plan under continuous review and may make such minor amendments to that plan so as to ensure that the plan continues to provide a sound basis for the development of the local planning area for which it was made. (2) At least once every 5 years after the date of the approval of that development plan or at such time prior to the end of that period of 5 years as the Minister may, after receiving any advice to that effect from the Commission, direct, the planning authority shall prepare a revision of the approved development plan or such part thereof, which, in the opinion of the planning authority or by the direction of the Minister, requires a revision. [Issue 9] P11 – 18 Revised Laws of Mauritius (3) In determining whether an approved development plan or any part thereof requires a revision, the planning authority or the Commission shall have regard— (a) to any significant change in any policy of Government, which renders any policy, or proposal in the approved development plan, out of date or otherwise unnecessary or undesirable to pursue; (b) to the extent to which the development that has taken place since the approved development plan was first prepared complies with or departs from such plan; (c) in any case where the development that has taken place represents a departure from the approved development plan, the extent and type of such development that has taken place, where it has taken place and its effect on the economy, the environment and the social development of the local planning area; (d) to whether there is any significant pressure for development within the local planning area and if so, for what kind of development; (e) to any development and pressure for development in areas contiguous to the local planning area; (f) to the views of the community representatives in the local planning areas on the need for, or desirability of, a revised development plan; (g) to such other matters as may be prescribed. (4) The Minister shall not be obliged to act in accordance with the advice of the Commission received under subsection (2), but in determining whether to give any direction to a planning authority to revise an approved development plan or part thereof, the Minister shall be bound to have regard to the matters specified in subsection (3). (5) Any review or revision of a development plan shall be effected in the same manner as for the preparation, approval and publication of a development plan. (S. 20 not in operation.) PART IV – CONTROL OF DEVELOPMENT

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