Cap. 552 Art. 72Permissions. Cap. 551.

(1) The Planning Board shall have the power to grant or to refuse a development permission. Any development permission approved shall be without prejudice to third party rights and shall not in any manner constitute or be construed as a guarantee in favour of the applicant as to the title to the property. Moreover in the granting of a development permission, the Planning Board shall be entitled to impose such conditions which it may deem appropriate:

Provided that the Planning Board shall give specific reasons for any refusal or for any particular conditions that may have been imposed.

(2) In its determination upon an application for development permission, the Planning Board shall have regard to:

(a) plans;

(b) policies: Provided that subsidiary plans and policies shall not be applied retroactively so as to adversely affect vested rights arising from a valid development permission, or a valid police or trading licence issued prior to 1994;

(c) regulations made under this Act: Provided that the Planning Board shall only refer to plans, policies or regulations that have been finalised and approved by the Minister or the House of Representatives, as the case may be, and published;

(d) any other material consideration, including surrounding legal commitments, environmental,

(f) representations and recommendations made by boards, committees and consultees in response to notifications of applications.

(3) Saving development which in the opinion of the Minister is of strategic significance or of national interest, related to any obligation ensuing from a European Union Act, affects national security or affects the interests of other governments but not subject to an Environmental Impact Assessment and, or IPPC matters, the execution and validity of a permit shall be automatically temporarily suspended and no works as approved by the said development permit may commence before the lapse of the time periods established in article 13 of the Environment and

Planning Review Tribunal Act and subsequently will remain so suspended if the Tribunal so decides in accordance with the Environment and Planning Review Tribunal Act.

(4) A development permission may be granted for a limited period but shall cease to be operative if the activity or development has not been completed within the period specified in the development permission, if any: Provided that the Planning Board shall, on the application of the person holding the full development permission, renew the said permission on receiving a valid renewal application while the previous development permission is still operative, to such further period or periods as it may consider reasonable: Provided further that where there has been a change in plans or policies applicable to the requested renewal development permission, these new plans and policies shall be taken into account unless the site subject to the application is already committed by the original development permission in relation to these plans and policies:

Provided futher that if the applicant fails to submit the commencement notice relative to the permission, such development permission shall be considered as never having been utilised.

(5) Any permission still in force shall automatically pass on to the new owners of the development.

(6) In granting a development permission, the Planning Board may require the applicant to carry out the activity or development in stages. The Planning Board shall inform the applicant in the permission which are the said stages and, following the completion of each stage, the applicant shall request the Planning Board to carry out an inspection of the activity or works carried out, and if, following such an inspection, it is found that the activity or works have been carried out in terms of the development permission, the Planning Board shall authorise the applicant to carry out the next stage of the activity or development.

(7) Where the Planning Board considers it appropriate to application to develop land consists in the mining of minerals, the Planning Board may and, where planning and environmental standards so require, shall, require the applicant to provide a scheme for the treatment of the working and surrounding areas during the working period and for the treatment of the said areas when working is completed.

(9) The Planning Board shall not grant permission for the mining of minerals unless it is satisfied that planning and environmental standards will be met and that the site will be kept and eventually left in acceptable conditions.

(10) Where the Planning Board has required a scheme to be submitted for the various stages as provided in sub-article (6), the scheme, as accepted by the Planning Board, shall be made a condition of any permission granted by it, and the Planning Board shall further require such guarantees to be given by the applicant as it deems necessary to ensure that the scheme will be adhered to.