S.L. 552.13 Art. 17Dealing with illegalities and other developments on site during the processing of an application.

(1) When an application is submitted on a site which is subject to an enforcement notice, the Planning Board may dismiss the application unless the illegal development is included for sanctioning and, or any payments due as a result of any enforcement notice on site are settled prior to the issue of the permission.

(2) The illegal development may either be regularised through a specific development application made solely for that purpose or through a development application which includes the sanctioning of illegal development as well as the proposed new development.

(3) Where sanctioning of illegal development is being requested in a development application, the proposal description and the drawings shall clearly indicate the development which is to be sanctioned so as to ensure that the illegal development forms part of the development application.

(4) The proposal description of a development application and the drawings submitted may not propose the removal of illegal development from the site. The development application shall include only illegal development which is proposed to be sanctioned. Any illegal development which is not indicated for sanctioning in a development application shall be removed prior to the issue of a development permission, provided that where the application is determined by the Planning Board, or the Tribunal subject to the removal of the illegal development prior to the issue of the development permission, the period by which the applicant is required to comply with this requirement shall not exceed six months or within a period specified by the Planning Board or the Tribunal, failing which, the application may be dismissed by the Planning Board or the Tribunal, as the case may be.

(5) Where parts of a site or building are illegal, permission for new development elsewhere on the site or on the building shall not be refused solely because there are illegalities on the site or on the building, subject, however, to all of the following conditions:

(a) the illegal parts do not form part of the application; and

(b) granting permission for the new development will not physically prevent, hinder or make difficult enforcement action, either for the removal or for the rectification, of the illegal parts; and

(c) the applicant has no control, whether directly or indirectly, over the illegal parts and the applicant was not involved directly or indirectly in the illegal development, even if the development formed part of a larger development which includes the illegal parts.