Section 35: Planning agreements

35. Planning agreements (1) Subject to this section, a permit authority may enter into a planning agreement with any person proposing to develop any land, concerning the development of such land, for the purposes of this Act. (2) Without prejudice to the generality of subsection (1), a planning agreement may provide for— (a) the area of land to be developed and the rate and timing at which the land is to be developed; (b) the nature, scope, design and landscaping of the development; (c) the community facilities and physical infrastructure to be provided for the development and for any land contiguous to the development and the timing for the construction of, or the payment for the provision of the facilities and infrastructure, the need for which is generated by the development proposed; (d) the nature, scope and cost of any benefits to be provided for any community likely to be adversely affected by the development; (e) the manner in which any adverse impact on the natural or built environment caused by the development will be mitigated or avoided; (f) where any person is likely to be required to move from where he is living or where he is using land for his livelihood by the development, the arrangements to be made by the developer to provide that person with alternative living accommodation and alternative methods of obtaining his livelihood or other forms of compensation; (g) the hours during which construction work, including demolition connected to, or on the development, may take place; (h) the security which the developer will be required to provide to guarantee performance of the agreement; [Issue 1] P11 – 28 Revised Laws of Mauritius (i) the insurance which the developer will be required to provide to cover for risks connected to the development; (j) where the development is a joint venture between the developer and Government or a parastatal body, the contribution of capital and other resources to be made by each party and the manner in which obligations, liabilities and benefits, including any profits and losses will be shared between the parties; (k) the method of settling any disputes arising out of the agreement; (l) the time period within which the obligations of the parties are to be carried out and the time period in which the agreement shall lapse if the development is not commenced. (3) In negotiating any planning agreement with a developer, the permit authority may consult such person as it deems fit. (4) Every planning agreement shall be entered into a register of planning agreements, which shall be maintained by the permit authority in the prescribed form and which shall be available for inspection and copying by members of the public at specified times during office hours. (5) No planning agreement with respect to State-significant development shall be entered into unless the Minister has sought and obtained the advice of the Commission on the proposed agreement. (6) A permit authority may vary, amend or terminate a planning agreement by a subsequent planning agreement with any person who was a party to the original agreement or any successor in title to the land. (S. 35 not in operation.)