Section 30: Determination of application for development permit

30. Determination of application for development permit (1) After considering an application for a development permit under section 26, the permit authority shall either— (a) grant unconditionally; (b) grant subject to conditions; or (c) refuse, the permit and shall give reasons for any determination so made. (2) A development permit shall specify a period not exceeding 3 years during which it shall be valid. (3) A permit authority shall not consider and determine an application for a development permit until it has received an EIA licence or an approved preliminary environmental report where such licence or report is necessary in respect of the development. P11 – 23 [Issue 7] Planning and Development Act (4) (a) Where an application is made for a development permit and the proposed development is in line— (i) with an approved development plan; or (ii) where there is no approved development plan, with a draft development plan or planning policy guidance applicable to that type or class of development, the permit authority shall grant the development permit. (b) Notwithstanding paragraph (a), where an application is made in respect of land which— (i) is transferred to— (A) an occupier of a former sugar estate camp owned by a planter or a miller; or (B) an employee who has voluntarily terminated his contract of employment in the context of a factory closure taking place after 1 July 1997, pursuant to section 30 of the Mauritius Cane Industry Authority Act, or the VRS pursuant to section 23 of the Sugar Industry Efficiency Act; (ii) is converted pursuant to section 11, 14, 29 (1) (c) (ii) or 29 (1) (d) of the Sugar Industry Efficiency Act in connection with the implementation of the VRS or a factory closure, as the case may be, under the Sugar Industry Efficiency Act; or (iii) is converted by a specified entity or by the Trust or a body controlled by it under the Sugar Industry Efficiency Act, and the proposed development is not in line with the planning instruments referred to in paragraph (a) (i) and (ii), the permit authority may grant a development permit. (5) In considering an application for a development permit, a permit authority shall have regard to— (a) the National Development Strategy; (b) any approved development plan; (c) any draft local plan that has been placed on deposit; (d) any planning policy guidance applicable to applications of that type or to that local planning area; (e) any other considerations relating to the development of the area in which the land the subject of the application is located, which appear to the permit authority to be material to the application; (f) any preliminary environmental report or environmental impact assessment report or licence under the Environment Protection Act; and (g) any draft action area plan or draft subject plan. [Issue 7] P11 – 24 Revised Laws of Mauritius (6) Without prejudice to the generality of subsection (5) (e), material considerations may include— (a) any effect on the economy and on employment in the area, the social and cultural development of the area, the natural environment of the area and the conservation of the built environment in the area; (b) traffic, parking and access considerations; (c) the suitability of the site for the development; (d) any building or site declared under the National Heritage Fund Act; or (e) the public interest. (7) Subject to subsection (8), where no decision is taken by the permit authority— (a) in the case of a local authority, with nd on employment in the area, the social and cultural development of the area, the natural environment of the area and the conservation of the built environment in the area; (b) traffic, parking and access considerations; (c) the suitability of the site for the development; (d) any building or site declared under the National Heritage Fund Act; or (e) the public interest. (7) Subject to subsection (8), where no decision is taken by the permit authority— (a) in the case of a local authority, within 42 days; (b) in the case of the Minister, within 70 days, of the date of receipt of an application for a development permit, or the date on which any additional information requested is supplied, whichever is the later, the permit authority shall notify the applicant in writing within 5 days after the expiry of the time limit referred to in paragraph (a) or (b) of the nondetermination of the application setting out the reasons therefor, and the applicant may appeal to the Tribunal in accordance with Part X. (8) Subsection (7) shall not apply where the permit authority and the applicant agree to extend the period within which the permit authority may take its decision. (9) The permit authority shall, within 5 days of determining an application for a development permit, notify its determination to— (a) the applicant; (b) any other interested person. (10) For the purposes of this section, “specified entity”, “Trust” and “VRS” have the same meaning as in the Sugar Industry Efficiency Act. (S. 30 not in operation.)