Section 32: Conditions
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.
32. Conditions
(1) A development permit may be granted subject to such conditions as
appear to the permit authority to be likely to contribute to the effective and
orderly development of land in accordance with the grant of a development
permit and without prejudice to the generality of these provisions, conditions
may deal with all or any of the following matters—
(a) any matter referred to in section 31, which is relevant to the development for which a development permit has been granted;
(b) the timing and phasing of a development;
(c) landscaping and the preservation of trees and other natural resources on or contiguous to the land on which the development
is to take place;
(d) the preservation of any buildings on the site of or in connection
with or contiguous to the development;
(e) the modification or removal of any existing buildings or other
structures on the site and the cessation of any existing development on the site;
(f) measures to be taken and works to be carried out to protect
public health, safety and convenience during the carrying out of
the development;
(g) the contribution including the financial contribution which the
developer will be required to make to the provision of infrastructure, public utility services, roads, car parking and social and
community facilities in connection with the development;
(h) the design of and the materials to be used in the construction of
the development;
(i) the removal of waste from the site of the development during
and after any building or engineering operations;
(j) the use of land in the ownership or under the control of the developer, contiguous to the land being developed, for any purpose
connected to that development;
(k) any development and use of land ancillary to the development for
which a development permit has been granted and in particular
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Revised Laws of Mauritius
any housing or other facilities provided for those persons working on the development;
(l) any action to ensure that any proposals for the containment of
environmental damage likely to be caused by the development
made in a preliminary environmental report or an EIA are complied with;
(m) the submission of any additional information or details to the
permit authority prior to the commencement of the development
permit;
(n) the surrender of any prior development permit;
(o) the payment of security for works to be undertaken under a
permit.
(2) In determining whether to impose any condition on a grant of development permit, a permit authority shall have regard to any relevant planning
policy guidance and as to whether such condition would be reasonable, practicable, clear, fairly and properly related to the development, not unduly onerous, necessary and enforceable.
(S. 32 not in operation.)
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Questions this section answers
- What kind of conditions can be attached to my development permit?