Section 26: Application for development permit
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.
26. Application for development permit
(1) Every application for a development permit shall be made to a permit
authority by the owner of the land on which the development is to take
place.
(2) The application shall be—
(a) submitted in triplicate, or in such number of copies as the permit
authority may require, in such form as may be prescribed;
(b) accompanied by such fee as may be prescribed;
(c) signed by the applicant;
(d) sent, otherwise than by facsimile or email transmission, or delivered to the permit authority; and
(e) accompanied by such plans, maps and other information as may
be prescribed;
(f) accompanied by such relevant application for EIA licence or a
preliminary environmental report as may be required under the
Environment Protection Act.
(3) Where the application is illegible, substantially incomplete or unclear
as to the development for which permission is sought, the permit authority
shall, within 14 days of the receipt of the application—
(a) reject the permit application; and
(b) inform the applicant of its decision.
(4) An application that is rejected under subsection (3) shall be deemed,
for the purposes of this Act, not to have been made.
(5) The permit authority—
(a) may, within 14 days of the submission of an application, request
in writing an applicant to submit such additional information,
within such reasonable period, as it shall specify;
(b) shall not register and process the application until the information requested has been submitted or a satisfactory explanation
provided as to why it is not practical or possible to submit that
information.
P11 – 21 [Issue 1]
Planning and Development Act
(6) Where the applicant—
(a) fails or refuses to provide the additional information requested
under subsection (5) (a); or
(b) fails or refuses to provide a satisfactory explanation as to why it
is not practical or possible to submit the information requested,
the permit authority shall refuse the application and shall inform the applicant
accordingly within 7 days of its decision.
(7) (a) Subject to paragraph (b), an application may be amended or varied at any time before it is determined by the permit authority.
(b) Any amendment or variation resulting in a significant change to
the application shall be clearly described in the document of amendment or
variation, and subsection (6) shall apply to any such amendment or variation.
(8) (a) An application may be withdrawn by the applicant at any time before it is determined by the permit authority.
(b) Upon withdrawal of the application, the permit authority shall not be
required to refund the whole or any part of the prescribed fee.
(S. 26 not in operation.)
Ask juris about this section Official source
Questions this section answers
- Who has to apply for a development permit, and can I do it by email?
- What happens if my development permit application is incomplete or unclear?
- Can I withdraw my development permit application, and will I get my fee back?