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Cap. 356 · cap/356 (Cap. 356)

Cap. 356 Art. 28Review of subsidiary plans.

PART III

In KraftAmtlicher Text

(1) Every subsidiary plan shall be reviewed as frequently as may be necessary or as may be made necessary by a review of the structure plan:

Provided that a subsidiary plan may not be reviewed before the lapse of two years from its last review unless such review is necessitated by a review of the structure plan.

(2) Where as a result of such a review the Authority proposes to alter a plan in any significant respect, or where it is proposed that a plan be withdrawn, any such proposal shall be subject to the same procedures, and shall be treated, as a new plan.

(3) Minor modifications not affecting the substance of the plan may be carried out by the Authority either on its own motion when it considers to do so in the interests of proper planning of the area or following a minor modifications application submitted to it by any person. Modifications shall not be considered to be minor when they would alter the general thrust of the plan or affect a Temporary Provisions Scheme boundary or a development boundary indicated in a local plan.

(4) For the purpose of subarticle (3), the following shall be considered to constitute minor modifications:

(a) changes in the alignment of roads and buildings in a Temporary Provisions Scheme or in a local plan; and

(b) changes in zoning, other than

(i) changes in height limitations; and

(ii) changes in zoning of a site which is not designated for the purpose of development.

(5) Where the Authority is considering a minor modification in terms of subarticle (4)(a), the provisions of article 32 shall apply mutatis mutandis to such a modification.

(6) Where the Authority is considering a minor modification in

(b) where the proposal for such a minor modification originates in a minor modifications application, the Authority shall publish such proposal and invite representations on the said application within a specified period of not less than six weeks. The Authority shall then decide the application after taking into consideration all representations submitted to it. The provisions of article 29C(4) and (5) shall also apply.

(7) No appeal from a decision concerning a minor modifications application shall lie to the Appeals Board.

(8) Minor modifications to a plan shall be carried out as aforesaid and in accordance with such procedures as the Minister after consultation with the Authority may prescribe.