Section 37: Revocation and amendment of 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.
37. Revocation and amendment of development permit
(1) The permit authority may revoke or amend a development permit
where—
(a) it is satisfied that the permit is inconsistent with a subsequently
approved or subsequently prepared draft development plan; and
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Planning and Development Act
(b) the permit relates to—
(i) the carrying out of building or other operations at any time
before these operations have been completed; or
(ii) a change in the use of land, at any time before the change
has been completed.
(2) Prior to determining whether to revoke or amend a development permit in respect of a State-significant development, the Minister may seek the
advice of the Commission on the proposed revocation or amendment, and
the Commission shall give its advice within 28 days of any such request being made to it.
(3) Any person aggrieved by a revocation or amendment of a development permit may make a claim to the permit authority for compensation with
respect to any prejudice suffered by him within 3 months of notice given to
him of the revocation or amendment of the development permit, as the case
may be.
(4) The permit authority shall consult the Chief Government Valuer before making a proposal to the claimant on the amount of compensation
payable.
(5) Where the claimant is dissatisfied with the amount of compensation
proposed by the permit authority, the claimant may, within 21 days of being
notified of the proposal, appeal to the Tribunal.
(S. 37 not in operation.)
PART V – CONTINUATION OF EXISTING USES
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Questions this section answers
- Can my development permit be revoked if it conflicts with a new development plan?
- Can I claim compensation if my development permit is revoked or amended?