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S.L. 552.13 · Development Planning (S.L. 552.13)

S.L. 552.13 Art. 18Summary Procedure Application.

In KraftAmtlicher Text

(1) Applicants may apply for a Summary Procedure Application whenever the proposed development is included in

Schedule 2 and it complies with all relevant applicable plans, polices and regulations: Provided that for those applications which are subject to this regulation and which have been notified to the National Commission Persons with Disability (KNPD) officer in terms of regulation 8(1), the notification procedure shall form an integral part of the summary procedure and shall be regulated by the provisions of this regulation. The provisions of regulation 8(2) and

(3) shall not apply.

(2) The application shall be accompanied by:

(a) all the drawings, documents, fees and contributions specified in regulation 4(2)(a) to (h); and

(b) a report explaining how the application complies with all relevant applicable plans, policies and regulations and that it should be processed under the Summary Procedure: Provided that if the development application is not compiled in full, the Executive Chairperson shall within two weeks from submission inform the applicant and the that the perit development application is not compiled in full. The Executive Chairperson shall allow a term not exceeding twelve weeks from the date of such notification within which the applicant shall comply with the request for further drawings, documents, fees and contributions as necessary. If the applicant fails to comply, the development application and its accompanying documentation, shall be given no further consideration by the Executive Chairperson, which application shall be deemed as tacitly withdrawn by the applicant.

(3) If no representations on a Summary Procedure Application are received within the period stipulated in regulation 11(2)(b), the Executive Chairperson shall prepare a recommendation on whether the application satisfies all the requirements of these regulations and the development is included in Schedule 2, which recomendation shall be referred for a decision to the Chairperson of the Planning Board or his delegate who shall decide the application by not later than six weeks from the publication of the application.

(4) If representations on a Summary Procedure Application are received within the period stipulated in regulation 11(2)(b), the Executive Chairperson shall evaluate the merits of the representations and shall prepare a recommendation on whether the application satisfies all the requirements of these regulations and the development is included in Schedule 2, which recommendation shall be referred for a decision to the Chairperson of the Planning Board or his delegate who shall decide the application by not later than six weeks from the publication of the application.

(5) If the Chairperson of the Planning Board or his delegate deems that the representations have any planning merits, he shall not accept the application and the provisions of sub-regulation (8) shall apply.

(6) If the application is accepted by the Chairperson of the Planning Board or his delegate, he shall validate the application and a full development permission shall be issued within five days and the decision shall be published on the website of the Department of Information by not later than fifteen days from the date of such decision.

(7) If post-decision fees are due and the application is accepted by the Chairperson of the Planning Board or his delegate, he shall validate the application and a non-executable permit shall be issued within five days and the decision shall be published on the website of the Department of Information by not later than fifteen days from the date of such decision. A notification of the further payments required, which further payments shall be paid within six months from notification, shall be sent to the applicant and the perit. If the applicant fails to pay the fees due as indicated in the notification, the non-executable permit shall be withdrawn and the application shall be dismissed.

(8) If the application is not accepted by the Chairperson of the Planning Board or his delegate, the decision shall be notified to the perit, the applicant and to any registered interested party where applicable. The application shall then be referred to the Executive Chairperson to be further processed and the provisions of these regulations relating to development applications shall mutatis apply. mutandis

(9) A non-acceptance of a summary procedure application may not be appealed.