Section 76: Commencement

76. Commencement (1) Subject to subsection (2), this Act shall come into operation on a date to be fixed by Proclamation. (2) Different dates may be fixed for the coming into operation of different sections of this Act. FIRST SCHEDULE [Section 23] EXEMPT DEVELOPMENT CLASS OF DEVELOPMENT CONDITIONS TO ACHIEVE EXEMPTION Agriculture Agricultural use of the land. Residential development Air conditioning units for dwelling Either attached to an external wall or houses and other residential buildings. mounted on the ground. Building work must not reduce structural integrity of the building and the work must not be visible from a public place. Carrying out of works for the mainte- All works to comply with the Building nance, improvement, extension, or other Control Act and any approval or permit alteration of any dwelling house which required under the Building Control Act does not increase the overall cubic con- is obtained prior to works commencing. tent of the dwelling house together with Applies only to alterations to a previany other building forming part of or ously completed or approved building. required for uses incidental to the use of the dwelling house which is within the Works must not reduce window concurtilage of the dwelling house by more figuration for light and ventilation needs, than 25 per cent. reduce doorways for ingress or egress or enclose open areas. Canopies, awnings and storm blinds. Attached to a dwelling, a maximum area of 10 square metres. Replacement or repair of existing roof No reduction in existing window or and walls to dwelling and associated door openings, their location or size. structures. P11 – 51 [Issue 5] Planning and Development Act FIRST SCHEDULE—continued CLASS OF DEVELOPMENT CONDITIONS TO ACHIEVE EXEMPTION No structural alteration proposed and no change to the roof height, pitch or profile. All stormwater is directed to a suitable system. Use of any building or other land within the curtilage of a dwelling house as such. Deck and pergolas. Maximum area of 20 square metres. Building works must not reduce structural integrity of the building and any approval or permit required under the Building Control Act is obtained prior to works commencing. Fence. Maximum height above ground level of 1.2 metres where located between the dwelling and the street frontage and along the street frontage and a maximum of 1.8 metres where located on side boundaries behind the front of the dwelling. Not to obstruct views. Masonry fences are to be structurally adequate. Non residential buildings Carrying out of works or the mainte- Works to comply with the Building nance, improvement or other alteration Control Act. of any building other than a dwelling Works not to affect the structural house being works which do not in- integrity of the building. crease the cubic content of a building Applies only to alterations to a previby more than 10 per cent or do not ously completed or approved building. materially affect the external appearance of the building. Works must not reduce window configuration for light and ventilation needs, reduce doorways for ingress or egress or enclose open areas. Other structures Satellite dish. Maximum diameter 1.5 metres. Must not reduce the structural adequacy or integrity of the building or involve structural alterations to the building. The dish must not interfere with the views from surrounding properties. Water heaters. Includes solar systems. They must not reduce the structural adequacy o arance of the building. Works must not reduce window configuration for light and ventilation needs, reduce doorways for ingress or egress or enclose open areas. Other structures Satellite dish. Maximum diameter 1.5 metres. Must not reduce the structural adequacy or integrity of the building or involve structural alterations to the building. The dish must not interfere with the views from surrounding properties. Water heaters. Includes solar systems. They must not reduce the structural adequacy or integrity of the building or involve structural alterations to the building. The heater must not interfere with the views from surrounding properties. [Issue 5] P11 – 52 Revised Laws of Mauritius FIRST SCHEDULE—continued CLASS OF DEVELOPMENT CONDITIONS TO ACHIEVE EXEMPTION Water tanks. Overflow to a suitable stormwater system. Tank to be installed to manufacturers specification. Morcellement Morcellement. In circumstances only to— • widen a public road, • create a public reserve, • consolidate allotments, • make an adjustment to a boundary between allotments, being an adjustment that does not create another allotment and where each allotment may be developed consistent with the development/local plan applicable to the land. A relevant statutory certificate has been obtained in relation to the provision of water and sewer. Change of use Change of use of a building but not the The current use of the building must nature of the use— have been lawfully commenced. • from a shop to another shop, No extension of hours beyond the existing hours of operation. • from an office to another office, • from a community, social or sport- The new use must comply with the ing activity to another community, terms of the development permit issued social or sporting activity, for the use of the building or land. • from industry to another industry. The new use must not generate any additional demand for car-parking or traffic generation beyond that required by the current use. Public domain works Bus shelters and street furniture. Structurally adequate construction. Not to obstruct the line of sight of vehicular traffic. A maximum height of 2.7 metres above the footpath. Children’s play equipment, park furni- Structurally adequate construction. ture and ancillary sporting structures. Be consistent with the environmental policy of the relevant local plan for the land to be developed. Public roads The carrying out of any works required Works being carried out on land within for the maintenance or improvement of the boundaries of the road. a road. P11 – 53 [Issue 1] Planning and Development Act FIRST SCHEDULE—continued CLASS OF DEVELOPMENT CONDITIONS TO ACHIEVE EXEMPTION Utility undertakings The carrying out by any local authority Emergency and routine maintenance or any organisation or statutory author- work. ity or company providing public utility Development of any description at or services of any works for the purpose below the surface of the ground. of inspecting, repairing, replacing or renewing any sewers, drains, pipes, The installation of any plant or equipcables, power lines, dishes, masts or ment inside an existing building. other apparatus. Provision of overhead service lines in pursuance of any statutory power to supply electricity or telecommunication services. SECOND SCHEDULE [Section 24] STATE-SIGNIFICANT DEVELOPMENT The following development or class of development shall for the purpose of this Act be known as State-significant development— ng, replacing or renewing any sewers, drains, pipes, The installation of any plant or equipcables, power lines, dishes, masts or ment inside an existing building. other apparatus. Provision of overhead service lines in pursuance of any statutory power to supply electricity or telecommunication services. SECOND SCHEDULE [Section 24] STATE-SIGNIFICANT DEVELOPMENT The following development or class of development shall for the purpose of this Act be known as State-significant development—